SB 133: Abolish the death penalty; revise number of juror challenges

As Introduced

136th General Assembly Regular Session 2025-2026

S. B. No. 133

Senators Antonio, Huffman

A B I L L

To amend sections 9.07, 120.03, 120.041, 120.06, 1
120.14, 120.16, 120.18, 120.24, 120.26, 120.28, 2
120.33, 120.34, 149.43, 149.436, 1901.183, 3
2152.13, 2152.67, 2301.20, 2307.60, 2317.02, 4
2701.07, 2743.51, 2901.02, 2909.24, 2929.02, 5
2929.13, 2929.14, 2929.61, 2930.19, 2937.222, 6
2941.021, 2941.14, 2941.148, 2941.401, 2941.43, 7
2941.51, 2945.06, 2945.10, 2945.13, 2945.21, 8
2945.25, 2945.33, 2945.38, 2949.02, 2949.03, 9
2953.02, 2953.07, 2953.08, 2953.09, 2953.10, 10
2953.21, 2953.23, 2953.71, 2953.72, 2953.73, 11
2953.81, 2967.05, 2967.12, 2967.13, 2967.193, 12
2967.194, 2971.03, 2971.07, 5120.113, 5120.53, 13
5120.61, 5139.04, and 5919.16 and to repeal 14
sections 109.97, 120.35, 2725.19, 2929.021, 15
2929.022, 2929.023, 2929.024, 2929.025, 2929.03, 16
2929.04, 2929.05, 2929.06, 2945.20, 2947.08, 17
2949.21, 2949.22, 2949.221, 2949.222, 2949.24, 18
2949.25, 2949.26, 2949.27, 2949.28, 2949.29, 19
2949.31, and 2967.08 of the Revised Code to 20
abolish the death penalty and to modify the 21
number of jurors that may be challenged in cases 22
where a defendant may be sentenced to life 23
imprisonment. 24

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 9.07, 120.03, 120.041, 120.06, 25
120.14, 120.16, 120.18, 120.24, 120.26, 120.28, 120.33, 120.34, 26
149.43, 149.436, 1901.183, 2152.13, 2152.67, 2301.20, 2307.60, 27
2317.02, 2701.07, 2743.51, 2901.02, 2909.24, 2929.02, 2929.13, 28
2929.14, 2929.61, 2930.19, 2937.222, 2941.021, 2941.14, 29
2941.148, 2941.401, 2941.43, 2941.51, 2945.06, 2945.10, 2945.13, 30
2945.21, 2945.25, 2945.33, 2945.38, 2949.02, 2949.03, 2953.02, 31
2953.07, 2953.08, 2953.09, 2953.10, 2953.21, 2953.23, 2953.71, 32
2953.72, 2953.73, 2953.81, 2967.05, 2967.12, 2967.13, 2967.193, 33
2967.194, 2971.03, 2971.07, 5120.113, 5120.53, 5120.61, 5139.04, 34
and 5919.16 of the Revised Code be amended to read as follows: 35

Sec. 9.07. (A) As used in this section: 36

(1) "Deadly weapon" has the same meaning as in section 37
2923.11 of the Revised Code. 38
(2) "Governing authority of a local public entity" means 39
whichever of the following is applicable: 40
(a) For a county, the board of county commissioners of the 41
county; 42
(b) For a municipal corporation, the legislative authority 43
f the municipal corporation; 44
(c) For a combination of counties, a combination of 45
municipal corporations, or a combination of one or more counties 46
and one or more municipal corporations, all boards of county 47
commissioners and legislative authorities of all of the counties 48
and municipal corporations that combined to form a local public 49
entity for purposes of this section. 50

S. B. No. 133 As Introduced

(3) "Local public entity" means a county, a municipal 51
corporation, a combination of counties, a combination of 52
municipal corporations, or a combination of one or more counties 53
and one or more municipal corporations. 54
(4) "Non-contracting political subdivision" means any 55
political subdivision to which all of the following apply: 56
(a) A correctional facility for the housing of out-of- 57
state prisoners in this state is or will be located in the 58
political subdivision. 59
(b) The correctional facility described in division (A)(4) 60
(a) of this section is being operated and managed, or will be 61
operated and managed, by a local public entity or a private 62
contractor pursuant to a contract entered into prior to March 63
17, 1998, or a contract entered into on or after March 17, 1998, 64
under this section. 65
(c) The political subdivision is not a party to the 66
contract described in division (A)(4)(b) of this section for the 67
management and operation of the correctional facility. 68
(5) "Out-of-state jurisdiction" means the United States, 69
any state other than this state, and any political subdivision 70
or other jurisdiction located in a state other than this state. 71
(6) "Out-of-state prisoner" means a person who is 72
convicted of a crime in another state or under the laws of the 73
United States or who is found under the laws of another state or 74
of the United States to be a delinquent child or the 75
substantially equivalent designation. 76
(7) "Private contractor" means either of the following: 77
(a) A person who, on or after March 17, 1998, enters into 78

S. B. No. 133 As Introduced

a contract under this section with a local public entity to 79
operate and manage a correctional facility in this state for 80
out-of-state prisoners. 81
(b) A person who, pursuant to a contract with a local 82
public entity entered into prior to March 17, 1998, operates and 83
manages on March 17, 1998, a correctional facility in this state 84
for housing out-of-state prisoners. 85
(B) Subject to division (I) of this section, the only 86
entities other than this state that are authorized to operate a 87
correctional facility to house out-of-state prisoners in this 88
state are a local public entity that operates a correctional 89
facility pursuant to this section or a private contractor that 90
operates a correctional facility pursuant to this section under 91
a contract with a local public entity. 92
Subject to division (I) of this section, a private entity 93
may operate a correctional facility in this state for the 94
housing of out-of-state prisoners only if the private entity is 95
a private contractor that enters into a contract that comports 96
with division (D) of this section with a local public entity for 97
the management and operation of the correctional facility. 98
(C)(1) Except as provided in this division, on and after 99
March 17, 1998, a local public entity shall not enter into a 100
contract with an out-of-state jurisdiction to house out-of-state 101
prisoners in a correctional facility in this state. On and after 102
March 17, 1998, a local public entity may enter into a contract 103
with an out-of-state jurisdiction to house out-of-state 104
prisoners in a correctional facility in this state only if the 105
local public entity and the out-of-state jurisdiction with which 106
the local public entity intends to contract jointly submit to 107
the department of rehabilitation and correction a statement that 108

S. B. No. 133 As Introduced

certifies the correctional facility's intended use, intended 109
prisoner population, and custody level, and the department 110
reviews and comments upon the plans for the design or renovation 111
of the correctional facility regarding their suitability for the 112
intended prisoner population specified in the submitted 113
statement. 114
(2) If a local public entity and an out-of-state 115
jurisdiction enter into a contract to house out-of-state 116
prisoners in a correctional facility in this state as authorized 117
under division (C)(1) of this section, in addition to any other 118
provisions it contains, the contract shall include whichever of 119
the following provisions is applicable: 120
(a) If a private contractor will operate the facility in 121
question pursuant to a contract entered into in accordance with 122
division (D) of this section, a requirement that, if the 123
facility is closed or ceases to operate for any reason and if 124
the conversion plan described in division (D)(16) of this 125
section is not complied with, the out-of-state jurisdiction will 126
be responsible for housing and transporting the prisoners who 127
are in the facility at the time it is closed or ceases to 128
operate and for the cost of so housing and transporting those 129
prisoners; 130
(b) If a private contractor will not operate the facility 131
in question pursuant to a contract entered into in accordance 132
with division (D) of this section, a conversion plan that will 133
be followed if, for any reason, the facility is closed or ceases 134
to operate. The conversion plan shall include, but is not 135
limited to, provisions that specify whether the local public 136
entity or the out-of-state jurisdiction will be responsible for 137
housing and transporting the prisoners who are in the facility 138

S. B. No. 133 As Introduced

at the time it is closed or ceases to operate and for the cost 139
of so housing and transporting those prisoners. 140
(3) If a local public entity and an out-of-state 141
jurisdiction intend to enter into a contract to house out-of- 142
state prisoners in a correctional facility in this state as 143
authorized under division (C)(1) of this section, or if a local 144
public entity and a private contractor intend to enter into a 145
contract pursuant to division (D) of this section for the 146
private contractor's management and operation of a correctional 147
facility in this state to house out-of-state prisoners, prior to 148
entering into the contract the local public entity and the out- 149
of-state jurisdiction, or the local public entity and the 150
private contractor, whichever is applicable, shall conduct a 151
public hearing in accordance with this division, and, prior to 152
entering into the contract, the governing authority of the local 153
public entity in which the facility is or will be located shall 154
authorize the location and operation of the facility. The 155
hearing shall be conducted at a location within the municipal 156
corporation or township in which the facility is or will be 157
located. At least one week prior to conducting the hearing, the 158
local public entity and the out-of-state jurisdiction or private 159
contractor with the duty to conduct the hearing shall cause 160
notice of the date, time, and place of the hearing to be made by 161
publication in the newspaper with the largest general 162
circulation in the county in which the municipal corporation or 163
township is located. The notice shall be of a sufficient size 164
that it covers at least one-quarter of a page of the newspaper 165
in which it is published. This division applies to a private 166
contractor that, pursuant to the requirement set forth in 167
division (I) of this section, is required to enter into a 168
contract under division (D) of this section. 169

S. B. No. 133 As Introduced

(D) Subject to division (I) of this section, on and after March 17, 1998, if a local public entity enters into a contract with a private contractor for the management and operation of a correctional facility in this state to house out-of-state prisoners, the contract, at a minimum, shall include all of the following provisions:

(1) A requirement that the private contractor seek and 176
obtain accreditation from the American correctional association 177
for the correctional facility within two years after accepting 178
the first out-of-state prisoner at the correctional facility 179
under the contract and that it maintain that accreditation for 180
the term of the contract; 181
(2) A requirement that the private contractor comply with 182
all applicable laws, rules, or regulations of the government of 183
this state, political subdivisions of this state, and the United 184
States, including, but not limited to, all sanitation, food 185
service, safety, and health regulations; 186
(3) A requirement that the private contractor send copies 187
of reports of inspections completed by appropriate authorities 188
regarding compliance with laws, rules, and regulations of the 189
type described in division (D)(2) of this section to the 190
director of rehabilitation and correction or the director's 191
designee and to the governing authority of the local public 192
entity in which the correctional facility is located; 193
(4) A requirement that the private contractor report to 194
the local law enforcement agencies with jurisdiction over the 195
place at which the correctional facility is located, for 196
investigation, all criminal offenses or delinquent acts that are 197
committed in or on the grounds of, or otherwise in connection 198
with, the correctional facility and report to the department of 199

S. B. No. 133 As Introduced

ehabilitation and correction all disturbances at the facility; 200

(5) A requirement that the private contractor immediately report all escapes from the facility, and the apprehension of all escapees, by telephone and in writing to the department of rehabilitation and correction, to all local law enforcement agencies with jurisdiction over the place at which the facility is located, to the state highway patrol, to the prosecuting attorney of the county in which the facility is located, and to a daily newspaper having general circulation in the county in which the facility is located. The written notice may be by either facsimile transmission or mail. A failure to comply with this requirement is a violation of section 2921.22 of the Revised Code.

(6) A requirement that the private contractor provide a written report to the director of rehabilitation and correction or the director's designee and to the governing authority of the local public entity in which the correctional facility is located of all unusual incidents occurring at the correctional facility. The private contractor shall report the incidents in accordance with the incident reporting rules that, at the time of the incident, are applicable to state correctional facilities for similar incidents occurring at state correctional facilities.

(7) A requirement that the private contractor provide 223
internal and perimeter security to protect the public, staff 224
members of the correctional facility, and prisoners in the 225
correctional facility; 226
(8) A requirement that the correctional facility be 227
staffed at all times with a staffing pattern that is adequate to 228
ensure supervision of inmates and maintenance of security within 229

S. B. No. 133 As Introduced

the correctional facility and to provide for appropriate 230
programs, transportation, security, and other operational needs. 231
In determining security needs for the correctional facility, the 232
private contractor and the contract requirements shall fully 233
take into account all relevant factors, including, but not 234
limited to, the proximity of the facility to neighborhoods and 235
schools. 236

(9) A requirement that the private contractor provide an adequate policy of insurance that satisfies the requirements set forth in division (D) of section 9.06 of the Revised Code regarding contractors who operate and manage a facility under that section, and that the private contractor indemnify and hold harmless the state, its officers, agents, and employees, and any local public entity in the state with jurisdiction over the place at which the correctional facility is located or that owns the correctional facility, reimburse the state for its costs in defending the state or any of its officers, agents, or employees, and reimburse any local government entity of that nature for its costs in defending the local government entity, in the manner described in division (D) of that section regarding contractors who operate and manage a facility under that section;

(10) A requirement that the private contractor adopt for 252
prisoners housed in the correctional facility the security 253
classification system and schedule adopted by the department of 254
rehabilitation and correction under section 5145.03 of the 255
Revised Code, classify in accordance with the system and 256
schedule each prisoner housed in the facility, and house all 257
prisoners in the facility in accordance with their 258
classification under this division; 259

S. B. No. 133 As Introduced

l） A requirement that the private contractor will not

or housing， and will not house, in the correctional

261 any out-of-state prisoner in relation to whom any of 262

owing applies: 263

) The private entity has not obtained from the out-of- 264

risdiction that imposed the sentence or sanction under

265

e prisoner will be confined in this state a copy of the 266

ional record of the prisoner while previously confined 267

out-of-state jurisdiction or a statement that the 268

previously has not been confined in that out-of-state 269

tion and a copy of all medical records pertaining to 270

soner that are in the possession of the out-of-state 271

tion. 272

) The prisoner, while confined in any out-of-state 273

tion, has a record of institutional violence involving 274

of a deadly weapon or a pattern of committing acts of an 275

ve nature against employees of, or visitors to, the 276

confinement or has a record of escape or attempted 277

rom secure custody. 278

Under the security classification system and schedule 279

by the department of rehabilitation and correction under 280

5145.03 of the Revised Code and adopted by the private 281

or under division (B)(lo） of this section，the out-of- 282

isoner would be classified as being at a security level 283

han medium security. 284

2） A requirement that the private contractor， prior to 285

any out-of-state prisoner in the correctional facility 286

le contract, enter into a written agreement with the 287

nt of rehabilitation and correction that sets forth a 288

l procedure that will be used to coordinate law 289

S. B. No. 133 As Introduced

enforcement activities of state law enforcement agencies and of 290
local law enforcement agencies with jurisdiction over the place 291
at which the facility is located in response to any riot, 292
rebellion, escape, insurrection, or other emergency occurring 293
inside or outside the facility; 294

(13) A requirement that the private contractor cooperate with the correctional institution inspection committee in the committee's performance of its duties under section 103.73 of the Revised Code and provide the committee, its subcommittees, and its staff members, in performing those duties, with access to the correctional facility as described in that section;

(14) A requirement that the private contractor permit any peace officer who serves a law enforcement agency with jurisdiction over the place at which the correctional facility is located to enter into the facility to investigate any criminal offense or delinquent act that allegedly has been committed in or on the grounds of, or otherwise in connection with, the facility;

(15) A requirement that the private contractor will not employ any person at the correctional facility until after the private contractor has submitted to the bureau of criminal identification and investigation, on a form prescribed by the superintendent of the bureau, a request that the bureau conduct a criminal records check of the person and a requirement that the private contractor will not employ any person at the facility if the records check or other information possessed by the contractor indicates that the person previously has engaged in malfeasance;

(16) A requirement that the private contractor will not 318
accept for housing, and will not house, in the correctional 319

S. B. No. 133 As Introduced

facility any out-of-state prisoner unless the private contractor and the out-of-state jurisdiction that imposed the sentence for which the prisoner is to be confined agree that, if the out-ofstate prisoner is confined in the facility in this state, commits a criminal offense while confined in the facility, is convicted of or pleads guilty to that offense, and is sentenced to a term of confinement for that offense but is not sentenced to death for that offense, the private contractor and the outof-state jurisdiction will do all of the following:

(a) Unless section 5120.50 of the Revised Code does not apply in relation to the offense the prisoner committed while confined in this state and the term of confinement imposed for that offense, the out-of-state jurisdiction will accept the prisoner pursuant to that section for service of that term of confinement and for any period of time remaining under the sentence for which the prisoner was confined in the facility in this state, the out-of-state jurisdiction will confine the prisoner pursuant to that section for that term and that remaining period of time, and the private contractor will transport the prisoner to the out-of-state jurisdiction for service of that term and that remaining period of time.

(b) If section 5120.50 of the Revised Code does not apply 341
in relation to the offense the prisoner committed while confined 342
in this state and the term of confinement imposed for that 343
offense, the prisoner shall be returned to the out-of-state 344
jurisdiction or its private contractor for completion of the 345
period of time remaining under the out-of-state sentence for 346
which the prisoner was confined in the facility in this state 347
before starting service of the term of confinement imposed for 348
the offense committed while confined in this state, the out-of- 349
state jurisdiction or its private contractor will confine the 350

S. B. No. 133 As Introduced

prisoner for that remaining period of time and will transport 351
the prisoner outside of this state for service of that remaining 352
period of time, and, if the prisoner is confined in this state 353
in a facility operated by the department of rehabilitation and 354
correction, the private contractor will be financially 355
responsible for reimbursing the department at the per diem cost 356
of confinement for the duration of that incarceration, with the 357
amount of the reimbursement so paid to be deposited in the 358
department's prisoner programs fund. 359

(17) A requirement that the private contractor, prior to housing any out-of-state prisoner in the correctional facility under the contract, enter into an agreement with the local public entity that sets forth a conversion plan that will be followed if, for any reason, the facility is closed or ceases to operate. The conversion plan shall include, but is not limited to, provisions that specify whether the private contractor, the local public entity, or the out-of-state jurisdictions that imposed the sentences for which the out-of-state prisoners are confined in the facility will be responsible for housing and transporting the prisoners who are in the facility at the time it is closed or ceases to operate and for the cost of so housing and transporting those prisoners.

(18) A schedule of fines that the local public entity 373
shall impose upon the private contractor if the private 374
contractor fails to perform its contractual duties, and a 375
requirement that, if the private contractor fails to perform its 376
contractual duties, the local public entity shall impose a fine 377
on the private contractor from the schedule of fines and, in 378
addition to the fine, may exercise any other rights it has under 379
the contract. Division (F)(2) of this section applies regarding 380
a fine described in this division. 381

S. B. No. 133 As Introduced

(19) A requirement that the private contractor adopt and 382
use in the correctional facility the drug testing and treatment 383
program that the department of rehabilitation and correction 384
uses for inmates in state correctional institutions; 385

(20) A requirement that the private contractor provide clothing for all out-of-state prisoners housed in the correctional facility that is conspicuous in its color, style, or color and style, that conspicuously identifies its wearer as a prisoner, and that is readily distinguishable from clothing of a nature that normally is worn outside the facility by nonprisoners, that the private contractor require all out-of-state prisoners housed in the facility to wear the clothing so provided, and that the private contractor not permit any out-ofstate prisoner, while inside or on the premises of the facility or while being transported to or from the facility, to wear any clothing of a nature that does not conspicuously identify its wearer as a prisoner and that normally is worn outside the facility by non-prisoners;

(21) A requirement that, at the time the contract is made, the private contractor provide to all parties to the contract adequate proof that it has complied with the requirement described in division (D)(9) of this section, and a requirement that, at any time during the term of the contract, the private contractor upon request provide to any party to the contract adequate proof that it continues to be in compliance with the requirement described in division (D)(9) of this section.

(E) A private correctional officer or other designated employee of a private contractor that operates a correctional facility that houses out-of-state prisoners in this state under a contract entered into prior to, on, or after March 17, 1998,

S. B. No. 133 As Introduced

may carry and use firearms in the course of the officer's or 412
employee's employment only if the officer or employee is 413
certified as having satisfactorily completed an approved 414
training program designed to qualify persons for positions as 415
special police officers, security guards, or persons otherwise 416
privately employed in a police capacity, as described in 417
division (A) of section 109.78 of the Revised Code. 418
(F)(1) Upon notification by the private contractor of an 419
escape from, or of a disturbance at, a correctional facility 420
that is operated by a private contractor under a contract 421
entered into prior to, on, or after March 17, 1998, and that 422
houses out-of-state prisoners in this state, the department of 423
rehabilitation and correction and state and local law 424
enforcement agencies shall use all reasonable means to recapture 425
persons who escaped from the facility or quell any disturbance 426
at the facility, in accordance with the plan and procedure 427
included in the written agreement entered into under division 428
(D)(12) of this section in relation to contracts entered into on 429
or after March 17, 1998, and in accordance with their normal 430
procedures in relation to contracts entered into prior to March 431
17, 1998. Any cost incurred by this state or a political 432
subdivision of this state relating to the apprehension of a 433
person who escaped from the facility, to the quelling of a 434
disturbance at the facility, or to the investigation or 435
prosecution as described in division (G)(2) of this section of 436
any offense relating to the escape or disturbance shall be 437
chargeable to and borne by the private contractor. The 438
contractor also shall reimburse the state or its political 439
subdivisions for all reasonable costs incurred relating to the 440
temporary detention of a person who escaped from the facility, 441
following the person's recapture. 442

S. B. No. 133 As Introduced

(2) If a private contractor that, on or after March 17, 443
1998, enters into a contract under this section with a local 444
public entity for the operation of a correctional facility that 445
houses out-of-state prisoners fails to perform its contractual 446
duties, the local public entity shall impose upon the private 447
contractor a fine from the schedule of fines included in the 448
contract and may exercise any other rights it has under the 449
contract. A fine imposed under this division shall be paid to 450
the local public entity that enters into the contract, and the 451
local public entity shall deposit the money so paid into its 452
treasury to the credit of the fund used to pay for community 453
policing. If a fine is imposed under this division, the local 454
public entity may reduce the payment owed to the private 455
contractor pursuant to any invoice in the amount of the fine. 456

(3) If a private contractor, on or after March 17, 1998, enters into a contract under this section with a local public entity for the operation of a correctional facility that houses out-of-state prisoners in this state, the private contractor shall comply with the insurance, indemnification, hold harmless, and cost reimbursement provisions described in division (D)(9) of this section.

(G)(1) Any act or omission that would be a criminal 464
offense or a delinquent act if committed at a state correctional 465
institution or at a jail, workhouse, prison, or other 466
correctional facility operated by this state or by any political 467
subdivision or group of political subdivisions of this state 468
shall be a criminal offense or delinquent act if committed by or 469
with regard to any out-of-state prisoner who is housed at any 470
correctional facility operated by a private contractor in this 471
state pursuant to a contract entered into prior to, on, or after 472
March 17, 1998. 473

S. B. No. 133 As Introduced

(2) If any political subdivision of this state experiences 474
any cost in the investigation or prosecution of an offense 475
committed by an out-of-state prisoner housed in a correctional 476
facility operated by a private contractor in this state pursuant 477
to a contract entered into prior to, on, or after March 17, 478
1998, the private contractor shall reimburse the political 479
subdivision for the costs so experienced. 480

(3)(a) Except as otherwise provided in this division, the state, and any officer or employee, as defined in section 109.36 of the Revised Code, of the state is not liable in damages in a civil action for any injury, death, or loss to person or property that allegedly arises from, or is related to, the establishment, management, or operation of a correctional facility to house out-of-state prisoners in this state pursuant to a contract between a local public entity and an out-of-state jurisdiction, a local public entity and a private contractor, or a private contractor and an out-of-state jurisdiction that was entered into prior to March 17, 1998, or that is entered into on or after March 17, 1998, in accordance with its provisions. The immunity provided in this division does not apply regarding an act or omission of an officer or employee, as defined in section 109.36 of the Revised Code, of the state that is manifestly outside the scope of the officer's or employee's official responsibilities or regarding an act or omission of the state, or of an officer or employee, as so defined, of the state that is undertaken with malicious purpose, in bad faith, or in a wanton or reckless manner.

(b) Except as otherwise provided in this division, a non- 501
contracting political subdivision, and any employee, as defined 502
in section 2744.01 of the Revised Code, of a non-contracting 503
political subdivision is not liable in damages in a civil action 504

S. B. No. 133 As Introduced

for any injury, death, or loss to person or property that allegedly arises from, or is related to, the establishment, management, or operation of a correctional facility to house out-of-state prisoners in this state pursuant to a contract between a local public entity other than the non-contracting political subdivision and an out-of-state jurisdiction, a local public entity other than the non-contracting political subdivision and a private contractor, or a private contractor and an out-of-state jurisdiction that was entered into prior to March 17, 1998, or that is entered into on or after March 17, 1998, in accordance with its provisions. The immunity provided in this division does not apply regarding an act or omission of an employee, as defined in section 2744.01 of the Revised Code, of a non-contracting political subdivision that is manifestly outside the scope of the employee's employment or official responsibilities or regarding an act or omission of a noncontracting political subdivision or an employee, as so defined, of a non-contracting political subdivision that is undertaken with malicious purpose, in bad faith, or in a wanton or reckless manner.

(c) Divisions (G)(3)(a) and (b) of this section do not 525
affect any immunity or defense that the state and its officers 526
and employees or a non-contracting political subdivision and its 527
employees may be entitled to under another section of the 528
Revised Code or the common law of this state, including, but not 529
limited to, section 9.86 or Chapter 2744. of the Revised Code. 530
(H)(1) Upon the completion of an out-of-state prisoner's 531
term of detention at a correctional facility operated by a 532
private contractor in this state pursuant to a contract entered 533
into prior to, on, or after March 17, 1998, the operator of the 534
correctional facility shall transport the prisoner to the out- 535

S. B. No. 133 As Introduced

of-state jurisdiction that imposed the sentence for which the 536
prisoner was confined before it releases the prisoner from its 537
custody. 538
(2) No private contractor that operates and manages a 539
correctional facility housing out-of-state prisoners in this 540
state pursuant to a contract entered into prior to, on, or after 541
March 17, 1998, shall fail to comply with division (H)(1) of 542
this section. 543
(3) Whoever violates division (H)(2) of this section is 544
guilty of a misdemeanor of the first degree. 545
(I) Except as otherwise provided in this division, the 546
provisions of divisions (A) to (H) of this section apply in 547
relation to any correctional facility operated by a private 548
contractor in this state to house out-of-state prisoners, 549
regardless of whether the facility is operated pursuant to a 550
contract entered into prior to, on, or after March 17, 1998. 551
Division (C)(1) of this section shall not apply in relation to 552
any correctional facility for housing out-of-state prisoners in 553
this state that is operated by a private contractor under a 554
contract entered into with a local public entity prior to March 555
17, 1998. If a private contractor operates a correctional 556
facility in this state for the housing of out-of-state prisoners 557
under a contract entered into with a local public entity prior 558
to March 17, 1998, no later than thirty days after the effective 559
date of this amendment, the private contractor shall enter into 560
a contract with the local public entity that comports to the 561
requirements and criteria of division (D) of this section. 562
Sec. 120.03. (A) The Ohio public defender commission shall 563
appoint the state public defender, who shall serve at the 564
pleasure of the commission. 565

S. B. No. 133 As Introduced

(B) The Ohio public defender commission shall establish 566
rules for the conduct of the offices of the county and joint 567
county public defenders and for the conduct of county appointed 568
counsel systems in the state. These rules shall include, but are 569
not limited to, the following: 570
(1) Standards of indigency and minimum qualifications for 571
legal representation by a public defender or appointed counsel. 572
In establishing standards of indigency and determining who is 573
eligible for legal representation by a public defender or 574
appointed counsel, the commission shall consider an indigent 575
person to be an individual who at the time his the person's need 576
is determined is unable to provide for the payment of an 577
attorney and all other necessary expenses of representation. 578
Release on bail shall not prevent a person from being determined 579
to be indigent. 580
(2) Standards for the hiring of outside counsel; 581
(3) Standards for contracts by a public defender with law 582
schools, legal aid societies, and nonprofit organizations for 583
providing counsel; 584
(4) Standards for the qualifications, training, and size 585
of the legal and supporting staff for a public defender, 586
facilities, and other requirements needed to maintain and 587
operate an office of a public defender; 588
(5) Minimum caseload standards; 589
(6) Procedures for the assessment and collection of the 590
costs of legal representation that is provided by public 591
defenders or appointed counsel; 592
(7) Standards and guidelines for determining whether a 593
client is able to make an up-front contribution toward the cost 594

S. B. No. 133 Page 21

As Introduced

of his the client's legal representation; 595
(8) Procedures for the collection of up-front 596
contributions from clients who are able to contribute toward the 597
cost of their legal representation, as determined pursuant to 598
the standards and guidelines developed under division (B)(7) of 599
this section. All of such up-front contributions shall be paid 600
into the appropriate county fund. 601
(9) Standards for contracts between a board of county 602
commissioners, a county public defender commission, or a joint 603
county public defender commission and a municipal corporation 604
for the legal representation of indigent persons charged with 605
violations of the ordinances of the municipal corporation. 606
(C) The Ohio public defender commission shall adopt rules 607
prescribing minimum qualifications of counsel appointed pursuant 608
to this chapter or appointed by the courts. Without limiting its 609
general authority to prescribe different qualifications for 610
different categories of appointed counsel, the commission shall 611
prescribe, by rule, special qualifications for counsel and co- 612
counsel appointed in capital cases in which the defendant was 613
sentenced to death before the effective date of this amendment. 614
(D) In administering the office of the Ohio public 615
defender commission: 616
(1) The commission shall do the following: 617
(a) Approve an annual operating budget; 618
(b) Make an annual report to the governor, the general 619
assembly, and the supreme court of Ohio on the operation of the 620
state public defender's office, the county appointed counsel 621
systems, and the county and joint county public defenders' 622
offices. 623

S. B. No. 133 As Introduced

(2) The commission may do the following: 624
(a) Accept the services of volunteer workers and 625
consultants at no compensation other than reimbursement of 626
actual and necessary expenses; 627
(b) Prepare and publish statistical and case studies and 628
other data pertinent to the legal representation of indigent 629
persons; 630
(c) Conduct programs having a general objective of 631
training and educating attorneys and others in the legal 632
representation of indigent persons. 633
(E) There is hereby established in the state treasury the 634
public defender training fund for the deposit of fees received 635
by the Ohio public defender commission from educational 636
seminars, and the sale of publications, on topics concerning 637
criminal law and procedure. Expenditures from this fund shall be 638
made only for the operation of activities authorized by division 639
(D)(2)(c) of this section. 640
(F)(1) In accordance with sections 109.02, 109.07, and 641
109.361 to 109.366 of the Revised Code, but subject to division 642
(E) of section 120.06 of the Revised Code, the attorney general 643
shall represent or provide for the representation of the Ohio 644
public defender commission, the state public defender, assistant 645
state public defenders, and other employees of the commission or 646
the state public defender. 647
(2) Subject to division (E) of section 120.06 of the 648
Revised Code, the attorney general shall represent or provide 649
for the representation of attorneys described in division (C) of 650
section 120.41 of the Revised Code in malpractice or other civil 651
actions or proceedings that arise from alleged actions or 652

S. B. No. 133 As Introduced

omissions related to responsibilities derived pursuant to this 653
chapter, or in civil actions that are based upon alleged 654
violations of the constitution or statutes of the United States, 655
including section 1983 of Title 42 of the United States Code, 93 656
Stat. 1284 (1979), 42 U.S.C.A. 1983, as amended, and that arise 657
from alleged actions or omissions related to responsibilities 658
derived pursuant to this chapter. For purposes of the 659
representation, sections 109.361 to 109.366 of the Revised Code 660
shall apply to an attorney described in division (C) of section 661
120.41 of the Revised Code as if he the attorney were an officer 662
or employee, as defined in section 109.36 of the Revised Code, 663
and the Ohio public defender commission or the state public 664
defender, whichever contracted with the attorney, shall be 665
considered his the attorney's employer. 666
Sec. 120.041. (A) In addition to the state public 667
defender's other duties under this chapter and other Revised 668
Code provisions, the state public defender shall do all of the 669
following for each state fiscal year: 670
(1) Determine the total dollar amount of all requests for 671
reimbursements that were submitted for that fiscal year by 672
counties under sections 120.18, 120.28, 120.33, $120.35r$ and 673
2941.51 of the Revised Code; 674
(2) Determine the total dollar amount paid to all counties 675
as reimbursements under the requests described in division (A) 676
(1) of this section that were submitted for that fiscal year; 677
(3) Determine the percentage of total costs submitted by 678
counties under the requests described in division (A)(1) of this 679
section that was paid to all counties as reimbursements for that 680
fiscal year; 681

S. B. No. 133 As Introduced

(4) Commencing in state fiscal year 2021, determine the 682
increase or decrease in the total dollar amount found under 683
division (A)(2) of this section for that fiscal year from the 684
total dollar amount found under that division for the previous 685
fiscal year; 686
(5) Determine, out of the total dollar amount found under 687
division (A)(2) of this section that was paid to all counties as 688
a reimbursement, the total amount of that money used by all of 689
the counties for each of the following categories of costs in 690
that fiscal year: 691
(a) Costs for appointed counsel; 692
(b) Costs for personnel; 693
(c) Costs for expert witnesses; 694
(d) Costs for investigations; 695
(e) Costs for transcripts; 696
(f) Costs for rent or lease, utilities, furnishings, 697
aintenance, and equipment; 698
(g) Costs for travel; 699
(h) Any other category of costs set by the state public 700
defender. 701
(6) Commencing in state fiscal year 2021, determine the 702
increase or decrease in the amount of money found under division 703
(A)(5) of this section to have been used for each category of 704
costs described in divisions (A)(5)(a) to (h) of this section 705
for that fiscal year from the amount of money found under that 706
division to have been used for each such category of costs for 707
the previous fiscal year; 708

S. B. No. 133 As Introduced

(7) Analyze the cost per each felony, misdemeanor, 709
traffic, or juvenile delinquency case assigned to a public 710
defender or counsel pursuant to section 120.06, 120.16, 120.26, 711
or 120.33 of the Revised Code. 712
(B) For each state fiscal year, the state public defender 713
shall prepare a report that includes all of its findings and 714
determinations for that fiscal year and, not later than the 715
first day of October in the state fiscal year following the 716
fiscal year covered by the report, shall submit copies of the 717
report to the president of the senate, the speaker of the house 718
of representatives, the minority leader of the senate, the 719
minority leader of the house of representatives, and the 720
governor. 721
Sec. 120.06. (A)(1) The state public defender, when 722
designated by the court or requested by a county public defender 723
or joint county public defender, may provide legal 724
representation in all courts throughout the state to indigent 725
adults and juveniles who are charged with the commission of an 726
offense or act for which the penalty or any possible 727
adjudication includes the potential loss of liberty. 728
(2) The state public defender may provide legal 729
representation to any indigent person who, while incarcerated in 730
any state correctional institution, is charged with a felony 731
offense, for which the penalty or any possible adjudication that 732
may be imposed by a court upon conviction includes the potential 733
loss of liberty. 734
(3) The state public defender may provide legal 735
representation to any person incarcerated in any correctional 736
institution of the state, in any matter in which the person 737
asserts the person is unlawfully imprisoned or detained. 738

S. B. No. 133 As Introduced

(4) The state public defender, in any case in which the 739
state public defender has provided legal representation or is 740
requested to do so by a county public defender or joint county 741
public defender, may provide legal representation on appeal. 742
(5) The state public defender, when designated by the 743
court or requested by a county public defender, joint county 744
public defender, or the director of rehabilitation and 745
correction, shall provide legal representation in parole and 746
probation revocation matters or matters relating to the 747
revocation of community control or post-release control under a 748
community control sanction or post-release control sanction, 749
unless the state public defender finds that the alleged parole 750
or probation violator or alleged violator of a community control 751
sanction or post-release control sanction has the financial 752
capacity to retain the alleged violator's own counsel. 753
(6) If the state public defender contracts with a county 754
public defender commission, a joint county public defender 755
commission, or a board of county commissioners for the provision 756
of services, under authority of division (C)(7) of section 757
120.04 of the Revised Code, the state public defender shall 758
provide legal representation in accordance with the contract. 759
(B) The state public defender shall not be required to 760
prosecute any appeal, postconviction remedy, or other proceeding 761
pursuant to division (A)(3), (4), or (5) of this section, unless 762
the state public defender first is satisfied that there is 763
arguable merit to the proceeding. 764
(C) A court may appoint counsel or allow an indigent 765
person to select the indigent's own personal counsel to assist 766
the state public defender as co-counsel when the interests of 767
justice so require. When co-counsel is appointed to assist the 768

S. B. No. 133 As Introduced

state public defender, the co-counsel shall receive any 769
compensation that the court may approve, not to exceed the 770
amounts provided for in section 2941.51 of the Revised Code. 771
(D)(1) When the state public defender is designated by the 772
court or requested by a county public defender or joint county 773
public defender to provide legal representation for an indigent 774
person in any case, other than pursuant to a contract entered 775
into under authority of division (C)(7) of section 120.04 of the 776
Revised Code, the state public defender shall send to the county 777
in which the case is filed a bill detailing the actual cost of 778
the representation that separately itemizes legal fees and 779
expenses. The county, upon receipt of an itemized bill from the 780
state public defender pursuant to this division, shall pay the 781
state public defender one hundred per cent of the amount 782
identified as legal fees and expenses in the itemized bill. 783
(2) Upon payment of the itemized bill under division (D) 784
(1) of this section, the county may submit the cost of the legal 785
fees and expenses to the state public defender for reimbursement 786
pursuant to section 120.33 of the Revised Code. 787
(3) When the state public defender provides investigation 788
or mitigation services to private appointed counsel or to a 789
county or joint county public defender as approved by the 790
appointing court, other than pursuant to a contract entered into 791
under authority of division (C)(7) of section 120.04 of the 792
Revised Code, the state public defender shall send to the county 793
in which the case is filed a bill itemizing the actual cost of 794
the services provided. The county, upon receipt of an itemized 795
bill from the state public defender pursuant to this division, 796
shall pay one hundred per cent of the amount as set forth in the 797
itemized bill. Upon payment of the itemized bill received 798

S. B. No. 133 As Introduced

pursuant to this division, the county may submit the cost of the 799
investigation and mitigation services to the state public 800
defender for reimbursement pursuant to section 120.33 of the 801
Revised Code. 802

(4) There is hereby created in the state treasury the county representation fund for the deposit of moneys received from counties under this division. All moneys credited to the fund shall be used by the state public defender to provide legal representation for indigent persons when designated by the court or requested by a county or joint county public defender or to provide investigation or mitigation services, including investigation or mitigation services to private appointed counsel or a county or joint county public defender, as approved by the court.

(E)(1) Notwithstanding any contrary provision of sections 109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised Code that pertains to representation by the attorney general, an assistant attorney general, or special counsel of an officer or employee, as defined in section 109.36 of the Revised Code, or of an entity of state government, the state public defender may elect to contract with, and to have the state pay pursuant to division (E)(2) of this section for the services of, private legal counsel to represent the Ohio public defender commission, the state public defender, assistant state public defenders, other employees of the commission or the state public defender, and attorneys described in division (C) of section 120.41 of the Revised Code in a malpractice or other civil action or proceeding that arises from alleged actions or omissions related to responsibilities derived pursuant to this chapter, or in a civil action that is based upon alleged violations of the constitution or statutes of the United States, including section

S. B. No. 133 As Introduced

1983 of Title 42 of the United States Code, 93 Stat. 1284 830
(1979), 42 U.S.C.A. 1983, as amended, and that arises from 831
alleged actions or omissions related to responsibilities derived 832
pursuant to this chapter, if the state public defender 833
determines, in good faith, that the defendant in the civil 834
action or proceeding did not act manifestly outside the scope of 835
the defendant's employment or official responsibilities, with 836
malicious purpose, in bad faith, or in a wanton or reckless 837
manner. If the state public defender elects not to contract 838
pursuant to this division for private legal counsel in a civil 839
action or proceeding, then, in accordance with sections 109.02, 840
109.07, 109.361 to 109.366, and 120.03 of the Revised Code, the 841
attorney general shall represent or provide for the 842
representation of the Ohio public defender commission, the state 843
public defender, assistant state public defenders, other 844
employees of the commission or the state public defender, or 845
attorneys described in division (C) of section 120.41 of the 846
Revised Code in the civil action or proceeding. 847
(2)(a) Subject to division (E)(2)(b) of this section, 848
payment from the state treasury for the services of private 849
legal counsel with whom the state public defender has contracted 850
pursuant to division (E)(1) of this section shall be 851
accomplished only through the following procedure: 852
(i) The private legal counsel shall file with the attorney 853
general a copy of the contract; a request for an award of legal 854
fees, court costs, and expenses earned or incurred in connection 855
with the defense of the Ohio public defender commission, the 856
state public defender, an assistant state public defender, an 857
employee, or an attorney in a specified civil action or 858
proceeding; a written itemization of those fees, costs, and 859
expenses, including the signature of the state public defender 860

S. B. No. 133 As Introduced

and the state public defender's attestation that the fees, 861
costs, and expenses were earned or incurred pursuant to division 862
(E)(1) of this section to the best of the state public 863
defender's knowledge and information; a written statement 864
whether the fees, costs, and expenses are for all legal services 865
to be rendered in connection with that defense, are only for 866
legal services rendered to the date of the request and 867
additional legal services likely will have to be provided in 868
connection with that defense, or are for the final legal 869
services rendered in connection with that defense; a written 870
statement indicating whether the private legal counsel 871
previously submitted a request for an award under division (E) 872
(2) of this section in connection with that defense and, if so, 873
the date and the amount of each award granted; and, if the fees, 874
costs, and expenses are for all legal services to be rendered in 875
connection with that defense or are for the final legal services 876
rendered in connection with that defense, a certified copy of 877
any judgment entry in the civil action or proceeding or a signed 878
copy of any settlement agreement entered into between the 879
parties to the civil action or proceeding. 880
(ii) Upon receipt of a request for an award of legal fees, 881
court costs, and expenses and the requisite supportive 882
documentation described in division (E)(2)(a)(i) of this 883
section, the attorney general shall review the request and 884
documentation; determine whether any of the limitations 885
specified in division (E)(2)(b) of this section apply to the 886
request; and, if an award of legal fees, court costs, or 887
expenses is permissible after applying the limitations, prepare 888
a document awarding legal fees, court costs, or expenses to the 889
private legal counsel. The document shall name the private legal 890
counsel as the recipient of the award; specify the total amount 891

S. B. No. 133 As Introduced

of the award as determined by the attorney general; itemize the portions of the award that represent legal fees, court costs, and expenses; specify any limitation applied pursuant to division (E)(2)(b) of this section to reduce the amount of the award sought by the private legal counsel; state that the award is payable from the state treasury pursuant to division (E)(2) (a)(iii) of this section; and be approved by the inclusion of the signatures of the attorney general, the state public defender, and the private legal counsel.

(iii) The attorney general shall forward a copy of the 901
document prepared pursuant to division (E)(2)(a)(ii) of this 902
section to the director of budget and management. The award of 903
legal fees, court costs, or expenses shall be paid out of the 904
state public defender's appropriations, to the extent there is a 905
sufficient available balance in those appropriations. If the 906
state public defender does not have a sufficient available 907
balance in the state public defender's appropriations to pay the 908
entire award of legal fees, court costs, or expenses, the 909
director shall make application for a transfer of appropriations 910
out of the emergency purposes account or any other appropriation 911
for emergencies or contingencies in an amount equal to the 912
portion of the award that exceeds the sufficient available 913
balance in the state public defender's appropriations. A 914
transfer of appropriations out of the emergency purposes account 915
or any other appropriation for emergencies or contingencies 916
shall be authorized if there are sufficient moneys greater than 917
the sum total of then pending emergency purposes account 918
requests, or requests for releases from the other appropriation. 919
If a transfer of appropriations out of the emergency purposes 920
account or other appropriation for emergencies or contingencies 921
is made to pay an amount equal to the portion of the award that 922

S. B. No. 133 As Introduced

exceeds the sufficient available balance in the state public 923
defender's appropriations, the director shall cause the payment 924
to be made to the private legal counsel. If sufficient moneys do 925
not exist in the emergency purposes account or other 926
appropriation for emergencies or contingencies to pay an amount 927
equal to the portion of the award that exceeds the sufficient 928
available balance in the state public defender's appropriations, 929
the private legal counsel shall request the general assembly to 930
make an appropriation sufficient to pay an amount equal to the 931
portion of the award that exceeds the sufficient available 932
balance in the state public defender's appropriations, and no 933
payment in that amount shall be made until the appropriation has 934
been made. The private legal counsel shall make the request 935
during the current biennium and during each succeeding biennium 936
until a sufficient appropriation is made. 937
(b) An award of legal fees, court costs, and expenses 938
pursuant to division (E) of this section is subject to the 939
following limitations: 940
(i) The maximum award or maximum aggregate of a series of 941
awards of legal fees, court costs, and expenses to the private 942
legal counsel in connection with the defense of the Ohio public 943
defender commission, the state public defender, an assistant 944
state public defender, an employee, or an attorney in a 945
specified civil action or proceeding shall not exceed fifty 946
thousand dollars. 947
(ii) The private legal counsel shall not be awarded legal 948
fees, court costs, or expenses to the extent the fees, costs, or 949
expenses are covered by a policy of malpractice or other 950
insurance. 951
(iii) The private legal counsel shall be awarded legal 952

S. B. No. 133 As Introduced

fees and expenses only to the extent that the fees and expenses 953
are reasonable in light of the legal services rendered by the 954
private legal counsel in connection with the defense of the Ohio 955
public defender commission, the state public defender, an 956
assistant state public defender, an employee, or an attorney in 957
a specified civil action or proceeding. 958
(c) If, pursuant to division (E)(2)(a) of this section, 959
the attorney general denies a request for an award of legal 960
fees, court costs, or expenses to private legal counsel because 961
of the application of a limitation specified in division (E)(2) 962
(b) of this section, the attorney general shall notify the 963
private legal counsel in writing of the denial and of the 964
limitation applied. 965
(d) If, pursuant to division (E)(2)(c) of this section, a 966
private legal counsel receives a denial of an award notification 967
or if a private legal counsel refuses to approve a document 968
under division (E)(2)(a)(ii) of this section because of the 969
proposed application of a limitation specified in division (E) 970
(2)(b) of this section, the private legal counsel may commence a 971
civil action against the attorney general in the court of claims 972
to prove the private legal counsel's entitlement to the award 973
sought, to prove that division (E)(2)(b) of this section does 974
not prohibit or otherwise limit the award sought, and to recover 975
a judgment for the amount of the award sought. A civil action 976
under division (E)(2)(d) of this section shall be commenced no 977
later than two years after receipt of a denial of award 978
notification or, if the private legal counsel refused to approve 979
a document under division (E)(2)(a)(ii) of this section because 980
of the proposed application of a limitation specified in 981
division (E)(2)(b) of this section, no later than two years 982
after the refusal. Any judgment of the court of claims in favor 983

S. B. No. 133 As Introduced

of the private legal counsel shall be paid from the state 984
treasury in accordance with division (E)(2)(a) of this section. 985
(F) If a court appoints the office of the state public 986
defender to represent a petitioner in a postconviction relief 987
proceeding under section 2953.21 of the Revised Code, the 988
petitioner has received a sentence of death, and the proceeding 989
relates to that sentence, all of the attorneys who represent the 990
petitioner in the proceeding pursuant to the appointment, 991
whether an assistant state public defender, the state public 992
defender, or another attorney, shall be certified under Rule 20 993
of the Rules of Superintendence for the Courts of Ohio to 994
represent indigent defendants charged with or convicted of an 995
offense for which the death penalty can be or has been imposed. 996
(G)(1) (F)(1) The state public defender may conduct a 997
legal assistance referral service for children committed to the 998
department of youth services relative to conditions of 999
confinement claims. If the legal assistance referral service 1000
receives a request for assistance from a child confined in a 1001
facility operated, or contracted for, by the department of youth 1002
services and the state public defender determines that the child 1003
has a conditions of confinement claim that has merit, the state 1004
public defender may refer the child to a private attorney. If no 1005
private attorney who the child has been referred to by the state 1006
public defender accepts the case within a reasonable time, the 1007
state public defender may prepare, as appropriate, pro se 1008
pleadings in the form of a complaint regarding the conditions of 1009
confinement at the facility where the child is confined with a 1010
motion for appointment of counsel and other applicable pleadings 1011
necessary for sufficient pro se representation. 1012

(2) Division (G)(1) (F)(1) of this section does not

S. B. No. 133 As Introduced

	authorize the state public defender to represent a child	1014
	committed to the department of youth services in general civil	1015
	matters arising solely out of state law.	1016
	(3） The state public defender shall not undertake the	1017
	representation of a child in court based on a conditions of	1018
	Confinement claim arising under this division.	1019
	(H)(G)_A child's right to representation or services	1020
	under this section is not affected by the child, or another	1021
	person on behalf of the child, previously having paid for	1022
		1023
representation.		1024
	(H)(H)_The state public defender shall have reasonable	1025
	access to any child committed to the department of youth	1026
	services, department of youth services institution, and	1027
	department of youth services record as needed to implement this	1028
section.		1029
	(J)(I)_As used in this section:	1030
	(l） "Community control sanction" has the same meaning as	1031
	in section 2929.01 of the Revised Code.	1032
	(2) "Conditions of confinement" means any issue involving	1033
	a constitutional right or other civil right related to a child's	1034
	incarceration, including, but not limited to, actions cognizable	1035
under 42 U.S.C. 1983.		1036
		1037
as in section 2967.01 of the Revised Code.		1038
	Sec.120.14.(A)(l） Except as provided in division (A)(2)	1039
	of this section, the county public defender commission shall	1040
		1041

S. B. No. 133 As Introduced

public defender from office only for good cause. 1042
(2) If a county public defender commission contracts with 1043
the state public defender or with one or more nonprofit 1044
organizations for the state public defender or the organizations 1045
to provide all of the services that the county public defender 1046
is required or permitted to provide by this chapter, the 1047
commission shall not appoint a county public defender. 1048
(B) The commission shall determine the qualifications and 1049
size of the supporting staff and facilities and other 1050
requirements needed to maintain and operate the office of the 1051
county public defender. 1052
(C) In administering the office of county public defender, 1053
the commission shall: 1054
(1) Recommend to the county commissioners an annual 1055
operating budget which is subject to the review, amendment, and 1056
approval of the board of county commissioners; 1057
(2)(a) Make an annual report to the county commissioners 1058
and the Ohio public defender commission on the operation of the 1059
county public defender's office, including complete and detailed 1060
information on finances and costs that separately states costs 1061
and expenses that are reimbursable under section 120.35 of the 1062
Revised Code, and any other data and information requested by 1063
the state public defender; 1064
(b) Make monthly reports relating to reimbursement and 1065
associated case data pursuant to the rules of the Ohio public 1066
defender commission to the board of county commissioners and the 1067
Ohio public defender commission on the total costs of the public 1068
defender's office. 1069
(3) Cooperate with the Ohio public defender commission in 1070

S. B. No. 133 As Introduced

maintaining the standards established by rules of the Ohio 1071
public defender commission pursuant to divisions (B) and (C) of 1072
section 120.03 of the Revised Code, and cooperate with the state 1073
public defender in his the state public defender's programs 1074
providing technical aid and assistance to county systems. 1075
(D) The commission may accept the services of volunteer 1076
workers and consultants at no compensation except reimbursement 1077
for actual and necessary expenses. 1078
(E) The commission may contract with any municipal 1079
corporation, within the county served by the county public 1080
defender, for the county public defender to provide legal 1081
representation for indigent persons who are charged with a 1082
violation of the ordinances of the municipal corporation. 1083
(F) A county public defender commission, with the approval 1084
of the board of county commissioners regarding all provisions 1085
that pertain to the financing of defense counsel for indigent 1086
persons, may contract with the state public defender or with any 1087
nonprofit organization, the primary purpose of which is to 1088
provide legal representation to indigent persons, for the state 1089
public defender or the organization to provide all or any part 1090
of the services that a county public defender is required or 1091
permitted to provide by this chapter. A contract entered into 1092
pursuant to this division may provide for payment for the 1093
services provided on a per case, hourly, or fixed contract 1094
basis. The state public defender and any nonprofit organization 1095
that contracts with a county public defender commission pursuant 1096
to this division shall do all of the following: 1097
(1) Comply with all standards established by the rules of 1098

the Ohio public defender commission;

S. B. No. 133 As Introduced

(2) Comply with all standards established by the state
public defender;		1100
		1101
	(3) Comply with all statutory duties and other laws	1102
applicable to county public defenders.		1103
	Sec. 120.16.(A)(l） The county public defender shall	1104
		1105
	who are charged with the commission of an offense or act that is	1106
	a violation of a state statute and for which the penalty or any	1107
	possible adjudication includes the potential loss of liberty and	1108
		1109
	(2） The county public defender may provide legal	1110
	representation to indigent adults and juveniles charged with the	1111
	violation of an ordinance of a municipal corporation for which	1112
	the penalty or any possible adjudication includes the potential	1113
	loss of liberty， if the county public defender commission has	1114
	contracted with the municipal corporation to provide legal	1115
	representation for indigent persons charged with a violation of	1116
	an ordinance of the municipal corporation.	1117
	(B） The county public defender shall provide the legal	1118
	representation authorized by division (A） of this section at	1119
	every stage of the proceedings following arrest, detention,	1120
	service of summons, or indictment.	1121
	(C) The county public defender may request the state	1122
	public defender to prosecute any appeal or other remedy before	1123
	or after conviction that the county public defender decides is	1124
	in the interests of justice, and may provide legal	1125
	representation in parole and probation revocation matters and	1126
		1127
	release control under a community control sanction or post-	1128

S. B. No. 133 As Introduced

release control sanction. 1129

(D) The county public defender shall not be required to 1130
prosecute any appeal, postconviction remedy, or other 1131
proceeding, unless the county public defender is first satisfied 1132
there is arguable merit to the proceeding. 1133
(E) Nothing in this section shall prevent a court from 1134
appointing counsel other than the county public defender or from 1135
allowing an indigent person to select the indigent person's own 1136
personal counsel to represent the indigent person. A court may 1137
also appoint counsel or allow an indigent person to select the 1138
indigent person's own personal counsel to assist the county 1139
public defender as co-counsel when the interests of justice so 1140
require. 1141
(F) Information as to the right to legal representation by 1142
the county public defender or assigned counsel shall be afforded 1143
to an accused person immediately upon arrest, when brought 1144
before a magistrate, or when formally charged, whichever occurs 1145
first. 1146
(G) If a court appoints the office of the county public 1147
defender to represent a petitioner in a postconviction relief 1148
proceeding under section 2953.21 of the Revised Code, the 1149
petitioner has received a sentence of death, and the proceeding 1150
relates to that sentence, all of the attorneys who represent the 1151
petitioner in the proceeding pursuant to the appointment, 1152
whether an assistant county public defender or the county public 1153
defender, shall be certified under Rule 20 of the Rules of 1154
Superintendence for the Courts of Ohio to represent indigent 1155
defendants charged with or convicted of an offense for which the 1156
death penalty can be or has been imposed. 1157

S. B. No. 133 As Introduced

(H) As used in this section:

(1) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code.

(2) "Post-release control sanction" has the same meaning as in section 2967.01 of the Revised Code.

Sec. 120.18. (A) The county public defender commission's report to the board of county commissioners shall be audited by the county auditor. The board of county commissioners, after review and approval of the audited report, may then certify it to the state public defender for reimbursement. If a request for the reimbursement of any operating expenditure incurred by a county public defender office is not received by the state public defender within sixty days after the end of the calendar month in which the expenditure is incurred, the state public defender shall not pay the requested reimbursement, unless the county has requested, and the state public defender has granted, an extension of the sixty-day time limit. Each request for reimbursement shall include a certification by the county public defender that the persons provided representation by the county public defender's office during the period covered by the report were indigent and, for each person provided representation during that period, a financial disclosure form completed by the person on a form prescribed by the state public defender. The state public defender shall also review the report and, in accordance with the standards, guidelines, and maximums established pursuant to divisions (B)(7) and (8) of section 120.04 of the Revised Code and the payment determination provisions of section 120.34 of the Revised Code, prepare a voucher for the cost of each county public defender's office for the period of time covered by the certified report and a voucher

S. B. No. 133 As Introduced

for the costs and expenses that are reimbursable under section 120.35 of the Revised Code, if any. The amount of payments to be included in and made under the voucher shall be determined as specified in section 120.34 of the Revised Code. For the purposes of this section, "cost" means total expenses minus costs and expenses reimbursable under section 120.35 of the Revised Code and any funds received by the county public defender commission pursuant to a contract, except a contract entered into with a municipal corporation pursuant to division (E) of section 120.14 of the Revised Code, gift, or grant.

(B) If the county public defender fails to maintain the standards for the conduct of the office established by rules of the Ohio public defender commission pursuant to divisions (B) and (C) of section 120.03 or the standards established by the state public defender pursuant to division (B)(7) of section 120.04 of the Revised Code, the Ohio public defender commission shall notify the county public defender commission and the board of county commissioners of the county that the county public defender has failed to comply with its rules or the standards of the state public defender. Unless the county public defender commission or the county public defender corrects the conduct of the county public defender's office to comply with the rules and standards within ninety days after the date of the notice, the state public defender may deny payment of all or part of the county's reimbursement from the state provided for in division (A) of this section.

Sec. 120.24. (A)(1) Except as provided in division (A)(2) of this section, the joint county public defender commission shall appoint the joint county public defender and may remove him the joint county public defender from office only for good cause.

S. B. No. 133 As Introduced

(2) If a joint county public defender commission contracts 1219
with the state public defender or with one or more nonprofit 1220
organizations for the state public defender or the organizations 1221
to provide all of the services that the joint county public 1222
defender is required or permitted to provide by this chapter, 1223
the commission shall not appoint a joint county public defender. 1224
(B) The commission shall determine the qualifications and 1225
size of the supporting staff and facilities and other 1226
requirements needed to maintain and operate the office. 1227
(C) In administering the office of joint county public 1228
defender, the commission shall: 1229
(1) Recommend to the boards of county commissioners in the 1230
district an annual operating budget which is subject to the 1231
review, amendment, and approval of the boards of county 1232
commissioners in the district; 1233
(2)(a) Make an annual report to the boards of county 1234
commissioners in the district and the Ohio public defender 1235
commission on the operation of the public defender's office, 1236
including complete and detailed information on finances and 1237
costs that separately states costs and expenses that are 1238
reimbursable under section 120.35 of the Revised Code, and such 1239
other data and information requested by the state public 1240
defender; 1241
(b) Make monthly reports relating to reimbursement and 1242
associated case data pursuant to the rules of the Ohio public 1243
defender commission to the boards of county commissioners in the 1244
district and the Ohio public defender commission on the total 1245

costs of the public defender's office. 1246 (3) Cooperate with the Ohio public defender commission in

S. B. No. 133 As Introduced

maintaining the standards established by rules of the Ohio 1248
public defender commission pursuant to divisions (B) and (C) of 1249
section 120.03 of the Revised Code, and cooperate with the state 1250
public defender in his the state public defender's programs 1251
providing technical aid and assistance to county systems. 1252
(D) The commission may accept the services of volunteer 1253
workers and consultants at no compensation except reimbursement 1254
for actual and necessary expenses. 1255
(E) The commission may contract with any municipal 1256
corporation, within the counties served by the joint county 1257
public defender, for the joint county public defender to provide 1258
legal representation for indigent persons who are charged with a 1259
violation of the ordinances of the municipal corporation. 1260
(F) A joint county public defender commission, with the 1261
approval of each participating board of county commissioners 1262
regarding all provisions that pertain to the financing of 1263
defense counsel for indigent persons, may contract with the 1264
state public defender or with any nonprofit organization, the 1265
primary purpose of which is to provide legal representation to 1266
indigent persons, for the state public defender or the 1267
organization to provide all or any part of the services that a 1268
joint county public defender is required or permitted to provide 1269
by this chapter. A contract entered into pursuant to this 1270
division may provide for payment for the services provided on a 1271
per case, hourly, or fixed contract basis. The state public 1272
defender and any nonprofit organization that contracts with a 1273
joint county public defender commission pursuant to this 1274
division shall do all of the following: 1275
(1) Comply with all standards established by the rules of 1276
the Ohio public defender commission; 1277

S. B. No. 133 As Introduced

(2） Comply with all standards established by the Ohio	1278
public defender;	1279
(3） Comply with all statutory duties and other laws	1280
applicable to joint county public defenders.	1281
Sec.120.26.(A)(l） The joint county public defender shall	1282
provide legal representation to indigent adults and juveniles	1283
who are charged with the commission of an offense or act that is	1284
a violation of a state statute and for which the penalty or any	1285
possible adjudication includes the potential loss of liberty and	1286
in postconviction proceedings as defined in this section.	1287
(2） The joint county public defender may provide legal	1288
representation to indigent adults and juveniles charged with the	1289
violation of an ordinance of a municipal corporation for which	1290
the penalty or any possible adjudication includes the potential	1291
loss of liberty, if the joint county public defender commission	1292
has contracted with the municipal corporation to provide legal	1293
representation for indigent persons charged with a violation of	1294
an ordinance of the municipal corporation.	1295
(B） The joint county public defender shall provide the	1296
	1297
at every stage of the proceedings following arrest, detention,	1298
service of summons， or indictment.	1299
	1300
public defender to prosecute any appeal or other remedy before	1301
or after conviction that the joint county public defender	1302
o	1303
representation in parole and probation revocation matters and	1304
matters relating to the revocation of community control or post-	1305
release control under a community control sanction or post-	1306

S. B. No. 133 As Introduced

elease control sanction. 1307

(D） The joint county public defender shall not be required 1308

o prosecute any appeal, postconviction remedy, or other 1309

roceeding, unless the joint county public defender is first 1310

atisfied that there is arguable merit to the proceeding. 1311

(E） Nothing in this section shall prevent a court from 1312

ppointing counsel other than the joint county public defender 1313

r from allowing an indigent person to select the indigent 1314

1315

1316

elect the indigent person's own personal counsel to assist the 1317

oint county public defender as co-counsel when the interests of 1318

ustice so require. 1319

(F） Information as to the right to legal representation by 1320

he joint county public defender or assigned counsel shall be 1321

fforded to an accused person immediately upon arrest, when 1322

rought before a magistrate, or when formally charged, whichever 1323

ccurs first. 1324

(G） If a court appoints the office of the joint county 1325

ublic defender to represent a petitioner in a postconviction 1326

elief proceeding under section 2953.21 of the Revised Code, the 1327

setitioner has received a sentence of death, and the proceeding 1328

elates to that sentence, all of the attorneys who represent the 1329

etitioner in the proceeding pursuant to the appointment, 1330

hether an assistant joint county defender or the joint county 1331

ublic defender, shall be certified under Rule 20 of the Rules 1332

f Superintendence for the Courts of ohio to represent indigent 1333

lefendants charged with or convieted of an offense for whieh the 1334

leath penalty can be or has been imposed. 1335

S. B. No. 133 As Introduced

(H) As used in this section:

(1) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code.

(2) "Post-release control sanction" has the same meaning as in section 2967.01 of the Revised Code.

Sec. 120.28. (A) The joint county public defender 1341
commission's report to the joint board of county commissioners 1342
shall be audited by the fiscal officer of the district. The 1343
joint board of county commissioners, after review and approval 1344
of the audited report, may then certify it to the state public 1345
defender for reimbursement. If a request for the reimbursement 1346
of any operating expenditure incurred by a joint county public 1347
defender office is not received by the state public defender 1348
within sixty days after the end of the calendar month in which 1349
the expenditure is incurred, the state public defender shall not 1350
pay the requested reimbursement, unless the joint board of 1351
county commissioners has requested, and the state public 1352
defender has granted, an extension of the sixty-day time limit. 1353
Each request for reimbursement shall include a certification by 1354
the joint county public defender that all persons provided 1355
representation by the joint county public defender's office 1356
during the period covered by the request were indigent and, for 1357
each person provided representation during that period, a 1358
financial disclosure form completed by the person on a form 1359
prescribed by the state public defender. The state public 1360
defender shall also review the report and, in accordance with 1361
the standards, guidelines, and maximums established pursuant to 1362
divisions (B)(7) and (8) of section 120.04 of the Revised Code 1363
and the payment determination provisions of section 120.34 of 1364
the Revised Code, prepare a voucher for the cost of each joint 1365

S. B. No. 133 As Introduced

county public defender's office for the period of time covered by the certified report and a voucher for the costs and expenses that are reimbursable under section 120.35 of the Revised Code, if any. The amount of payments to be included in and made under the voucher shall be determined as specified in section 120.34 of the Revised Code. For purposes of this section, "cost" means total expenses minus costs and expenses reimbursable under section 120.35 of the Revised Code and any funds received by the joint county public defender commission pursuant to a contract, except a contract entered into with a municipal corporation pursuant to division (E) of section 120.24 of the Revised Code, gift, or grant. Each county in the district shall be entitled to a share of such state reimbursement in proportion to the percentage of the cost it has agreed to pay.

(B) If the joint county public defender fails to maintain the standards for the conduct of the office established by the rules of the Ohio public defender commission pursuant to divisions (B) and (C) of section 120.03 or the standards established by the state public defender pursuant to division (B)(7) of section 120.04 of the Revised Code, the Ohio public defender commission shall notify the joint county public defender commission and the board of county commissioners of each county in the district that the joint county public defender has failed to comply with its rules or the standards of the state public defender. Unless the joint public defender commission or the joint county public defender corrects the conduct of the joint county public defender's office to comply with the rules and standards within ninety days after the date of the notice, the state public defender may deny all or part of the counties' reimbursement from the state provided for in division (A) of this section.

S. B. No. 133 As Introduced

Sec. 120.33. (A) In lieu of using a county public defender 1397
or joint county public defender to represent indigent persons in 1398
the proceedings set forth in division (A) of section 120.16 of 1399
the Revised Code, the board of county commissioners of any 1400
county may adopt a resolution to pay counsel who are either 1401
personally selected by the indigent person or appointed by the 1402
court. The resolution shall include those provisions the board 1403
of county commissioners considers necessary to provide effective 1404
representation of indigent persons in any proceeding for which 1405
counsel is provided under this section. The resolution shall 1406
include provisions for contracts with any municipal corporation 1407
under which the municipal corporation shall reimburse the county 1408
for counsel appointed to represent indigent persons charged with 1409
violations of the ordinances of the municipal corporation. 1410
(1) In a county that adopts a resolution to pay counsel, 1411
an indigent person shall have the right to do either of the 1412
following: 1413
(a) To select the person's own personal counsel to 1414
represent the person in any proceeding included within the 1415
provisions of the resolution; 1416
(b) To request the court to appoint counsel to represent 1417
the person in such a proceeding. 1418
(2) The court having jurisdiction over the proceeding in a 1419
county that adopts a resolution to pay counsel shall, after 1420
determining that the person is indigent and entitled to legal 1421
representation under this section, do either of the following: 1422
(a) By signed journal entry recorded on its docket, enter 1423
the name of the lawyer selected by the indigent person as 1424
counsel of record; 1425

S. B. No. 133 As Introduced

(b) Appoint counsel for the indigent person if the person 1426
has requested the court to appoint counsel and, by signed 1427
journal entry recorded on its dockets, enter the name of the 1428
lawyer appointed for the indigent person as counsel of record. 1429

(3) The board of county commissioners shall establish a schedule of fees by case or on an hourly basis to be paid to counsel for legal services provided pursuant to a resolution adopted under this section. Prior to establishing the schedule, the board of county commissioners shall request the bar association or associations of the county to submit a proposed schedule for cases other than capital cases. The schedule submitted shall be subject to the review, amendment, and approval of the board of county commissioners, except with respect to capital cases. With respect to capital cases, the schedule shall provide for fees by case or on an hourly basis to be paid to counsel in the amount or at the rate set by the capital case attorney fee council pursuant to division (D) of this section, and the board of county commissioners shall approve that amount or rate.

(4) Counsel selected by the indigent person or appointed 1445
by the court at the request of an indigent person in a county 1446
that adopts a resolution to pay counsel, except for counsel 1447
appointed to represent a person charged with any violation of an 1448
ordinance of a municipal corporation that has not contracted 1449
with the county commissioners for the payment of appointed 1450
counsel, shall be paid by the county and shall receive the 1451
compensation and expenses the court approves. With respect to 1452
capital cases, the court shall approve compensation and expenses 1453
in accordance with the amount or at the rate set by the capital 1454
case attorney fee council pursuant to division (D) of this 1455
section. Each request for payment shall include a financial 1456

S. B. No. 133 As Introduced

disclosure form completed by the indigent person on a form 1457
prescribed by the state public defender. Compensation and 1458
expenses shall not exceed the amounts fixed by the board of 1459
county commissioners in the schedule adopted pursuant to 1460
division (A)(3) of this section. No court shall approve 1461
compensation and expenses that exceed the amount fixed pursuant 1462
to division (A)(3) of this section. 1463

The fees and expenses approved by the court shall not be taxed as part of the costs and shall be paid by the county. However, if the person represented has, or may reasonably be expected to have, the means to meet some part of the cost of the services rendered to the person, the person shall pay the county an amount that the person reasonably can be expected to pay. Pursuant to section 120.04 of the Revised Code, the county shall pay to the state public defender a percentage of the payment received from the person in an amount proportionate to the percentage of the costs of the person's case that were paid to the county by the state public defender pursuant to this section. The money paid to the state public defender shall be credited to the client payment fund created pursuant to division (B)(5) of section 120.04 of the Revised Code.

1464
1465
1466
1467
1468
1469
1470
1471
1472
1473
1474
1475
1476
1477
1478
1479
1480
1481
1482
1483
1484
1485
1486
1487

The county auditor shall draw a warrant on the county treasurer for the payment of counsel in the amount fixed by the court, plus the expenses the court fixes and certifies to the auditor. The county auditor shall report periodically, but not less than annually, to the board of county commissioners and to the state public defender the amounts paid out pursuant to the approval of the court. The board of county commissioners, after review and approval of the auditor's report, or the county auditor, with permission from and notice to the board of county commissioners, may then certify it to the state public defender

S. B. No. 133 As Introduced

for reimbursement. The state public defender may pay a requested reimbursement only if the request for reimbursement includes a financial disclosure form completed by the indigent person on a form prescribed by the state public defender or if the court certifies by electronic signature as prescribed by the state public defender that a financial disclosure form has been completed by the indigent person and is available for inspection. If a request for the reimbursement of the cost of counsel in any case is not received by the state public defender within ninety days after the end of the calendar month in which the case is finally disposed of by the court, unless the county has requested and the state public defender has granted an extension of the ninety-day limit, the state public defender shall not pay the requested reimbursement. The state public defender shall also review the report and, in accordance with the standards, guidelines, and maximums established pursuant to divisions (B)(7) and (8) of section 120.04 of the Revised Code and the payment determination provisions of section 120.34 of the Revised Code, prepare a voucher for the cost of each county appointed counsel system in the period of time covered by the certified report and a voucher for the costs and expenses that are reimbursable under section 120.35 of the Revised Code, if any. The amount of payments to be included in and made under the voucher shall be determined as specified in section 120.34 of the Revised Code.

(5) If any county appointed counsel system fails to 1513
maintain the standards for the conduct of the system established 1514
by the rules of the Ohio public defender commission pursuant to 1515
divisions (B) and (C) of section 120.03 or the standards 1516
established by the state public defender pursuant to division 1517
(B)(7) of section 120.04 of the Revised Code, the Ohio public 1518

S. B. No. 133 As Introduced

defender commission shall notify the board of county 1519
commissioners of the county that the county appointed counsel 1520
system has failed to comply with its rules or the standards of 1521
the state public defender. Unless the board of county 1522
commissioners corrects the conduct of its appointed counsel 1523
system to comply with the rules and standards within ninety days 1524
after the date of the notice, the state public defender may deny 1525
all or part of the county's reimbursement from the state 1526
provided for in division (A)(4) of this section. 1527
(B) In lieu of using a county public defender or joint 1528
county public defender to represent indigent persons in the 1529
proceedings set forth in division (A) of section 120.16 of the 1530
Revised Code, and in lieu of adopting the resolution and 1531
following the procedure described in division (A) of this 1532
section, the board of county commissioners of any county may 1533
contract with the state public defender for the state public 1534
defender's legal representation of indigent persons. A contract 1535
entered into pursuant to this division may provide for payment 1536
for the services provided on a per case, hourly, or fixed 1537
contract basis. 1538

(C) If a court appoints an attorney pursuant to this section to represent a petitioner in a postconviction relief proceeding under section 2953.21 of the Revised Code, the petitioner has received a sentence of death, and the proceeding relates to that sentence, the attorney who represents the petitioner in the proceeding pursuant to the appointment shall be certified under Rule 20 of the Rules of Superintendence for the Courts of Ohio to represent indigent defendants charged with or convicted of an offense for which the death penalty can be or has been imposed.

S. B. No. 133 As Introduced

(D)(1) There is hereby created the capital case attorney 1549
fee council, appointed as described in division (D)(2) of this 1550
section. The council shall set an amount by case, or a rate on 1551
an hourly basis, to be paid under this section to counsel in a 1552
capital case. 1553
(2) The capital case attorney fee council shall consist of 1554
five members, all of whom shall be active judges serving on one 1555
of the district courts of appeals in this state. Terms for 1556
council members shall be the lesser of three years or until the 1557
member ceases to be an active judge of a district court of 1558
appeals. The initial terms shall commence ninety days after 1559
September 28, 2016. The chief justice of the supreme court shall 1560
appoint the members of the council, and shall make all of the 1561
appointments not later than sixty days after September 28, 2016. 1562
When any vacancy occurs, the chief justice shall appoint an 1563
active judge of a district court of appeals in this state to 1564
fill the vacancy for the unexpired term, in the same manner as 1565
prescribed in this division. The chief justice shall designate a 1566
chairperson from the appointed members of the council. Members 1567
of the council shall receive no additional compensation for 1568
their service as a member, but may be reimbursed for expenses 1569
reasonably incurred in service to the council, to be paid by the 1570
supreme court. The supreme court may provide administrative 1571
support to the council. 1572

(3) The capital case attorney fee council initially shall meet not later than one hundred twenty days after September 28, 2016. Thereafter, the council shall meet not less than annually.

(4) Upon setting the amount or rate described in division (D)(1) of this section, the chairperson of the capital case attorney fee council promptly shall provide written notice to

S. B. No. 133 As Introduced

the state public defender of the amount or rate so set. The amount or rate so set shall become effective ninety days after the date on which the chairperson provides that written notice to the state public defender. The council shall specify that effective date in the written notice provided to the state public defender. All amounts or rates set by the council shall be final, subject to modification as described in division (D) (5) of this section, and not subject to appeal.

(5) The capital case attorney fee council may modify an amount or rate set as described in division (D)(4) of this section. The provisions of that division apply with respect to any such modification of an amount or rate.

1579
1580
1581
1582
1583
1584
1585
1586
1587
1588
1589
1590
1591
1592
1593
1594
1595
1596
1597
1598
1599
1600
1601
1602
1603
1604
1605
1606
1607
1608
1609

Sec. 120.34. (A) Except as provided in division (D) of this section, the total amount of money paid to all counties in any fiscal year pursuant to sections 120.18, 120.28, 120.33, 120.35, and 2941.51 of the Revised Code for the reimbursement of the counties' cost of operating county public defender offices, joint county public defender offices, and county appointed counsel systems, the counties' costs and expenses of conducting the defense in capital cases, and the counties' costs and expenses of appointed counsel covered by section 2941.51 of the Revised Code shall not exceed the total amount appropriated for that fiscal year by the general assembly for the reimbursement of the counties for the operation of the offices and systems and for those appointed counsel costs and expenses, and shall be determined as specified in this section. If the amount appropriated by the general assembly in any fiscal year is insufficient to pay the cost in the fiscal year of all county public defender offices, all joint county public defender offices, all county appointed counsel systems, and all costs and expenses of appointed counsel covered by section 2941.51 of the

S. B. No. 133 As Introduced

2941.51 of the Revised Code.

	the amount of money paid in that fiscal year	1610
	ections 120.18, 120.28, 120.33, 120.35,and 2941.51	1611
	d Code to each county for the fiscal year shall be	1612
	ctionately so that each county is paid an equal	1613
	its cost in the fiscal year for operating its	1614
	defender system, its joint county public defender	1615
	cs county appointed counsel system, an equal	1616
	its costs and expenses of conducting the defense	1617
	ses in the fiscal year, and an equal percentage of	1618
	expenses of appointed counsel covered by section	1619
e Revised Code.		1620
	auensand auou go auno u satoa unoo ue	1621
	3， 120.28, 120.33, 120.35,0r 2941.51 of the	1622
chat is in excess of the amount of reimbursement it		1623
receive pursuant to this section, the state		1624
er shall request the board of county commissioners		1625
excess payment and the board of county		1626
upon receipt of the request, shall direct the		1627
		1628
		1629
	lin thirty days of the end of each fiscal quarter,	1630
	lic defender shall provide to the office of budget	1631
and the legislative service commission an		1632
ne amount of money that will be required for the		1633
a a os		1634
18， 120.28, 120.33, 120.35,and 2941.51 of the		1635
		1636
	ceimbursement shall be made under this section for	1637
	gent defense to the extent that those costs exceed	1638
	te, if any, established by the general assembly.	1639

state.

Revised Code.

S. B. No. 133 As Introduced

(E) All payments relating to capital cases that were required to be made under the provisions of this chapter or section 2941.51 of the Revised Code as those provisions existed immediately before the effective date of this amendment shall be made for each calendar or fiscal year, as applicable, in accordance with those provisions as they existed immediately before the effective date of this amendment until each case in which a defendant was sentenced to death before the effective date of this amendment is finally resolved.

Sec. 149.43. (A) As used in this section:

(1) "Public record" means records kept by any public office, including, but not limited to, state, county, city, village, township, and school district units, and records pertaining to the delivery of educational services by an alternative school in this state kept by the nonprofit or forprofit entity operating the alternative school pursuant to section 3313.533 of the Revised Code. "Public record" does not mean any of the following:

(a) Medical records; 1658
(b) Records pertaining to probation and parole 1659
proceedings, to proceedings related to the imposition of 1660
community control sanctions and post-release control sanctions, 1661
or to proceedings related to determinations under section 1662
2967.271 of the Revised Code regarding the release or maintained 1663
incarceration of an offender to whom that section applies; 1664
(c) Records pertaining to actions under section 2151.85 1665
and division (C) of section 2919.121 of the Revised Code and to 1666
appeals of actions arising under those sections; 1667
(d) Records pertaining to adoption proceedings, including 1668

S. B. No. 133 As Introduced

the contents of an adoption file maintained by the department of 1669
health under sections 3705.12 to 3705.124 of the Revised Code; 1670
(e) Information in a record contained in the putative 1671
father registry established by section 3107.062 of the Revised 1672
Code, regardless of whether the information is held by the 1673
department of job and family services or, pursuant to section 1674
3111.69 of the Revised Code, the office of child support in the 1675
department or a child support enforcement agency; 1676
(f) Records specified in division (A) of section 3107.52 1677
of the Revised Code; 1678
(g) Trial preparation records; 1679
(h) Confidential law enforcement investigatory records; 1680
(i) Records containing information that is confidential 1681
under section 2710.03 or 4112.05 of the Revised Code; 1682
(j) DNA records stored in the DNA database pursuant to 1683
section 109.573 of the Revised Code; 1684
(k) Inmate records released by the department of 1685
rehabilitation and correction to the department of youth 1686
services or a court of record pursuant to division (E) of 1687
section 5120.21 of the Revised Code; 1688
(l) Records maintained by the department of youth services 1689
pertaining to children in its custody released by the department 1690
of youth services to the department of rehabilitation and 1691
correction pursuant to section 5139.05 of the Revised Code; 1692
(m) Intellectual property records; 1693
(n) Donor profile records; 1694
(o) Records maintained by the department of job and family 1695

S. B. No. 133 As Introduced

services pursuant to section 3121.894 of the Revised Code; 1696
(p) Designated public service worker residential and 1697
familial information; 1698
(q) In the case of a county hospital operated pursuant to 1699
Chapter 339. of the Revised Code or a municipal hospital 1700
operated pursuant to Chapter 749. of the Revised Code, 1701
information that constitutes a trade secret, as defined in 1702
section 1333.61 of the Revised Code; 1703
(r) Information pertaining to the recreational activities 1704
of a person under the age of eighteen; 1705
(s) In the case of a child fatality review board acting 1706
under sections 307.621 to 307.629 of the Revised Code or a 1707
review conducted pursuant to guidelines established by the 1708
director of health under section 3701.70 of the Revised Code, 1709
records provided to the board or director, statements made by 1710
board members during meetings of the board or by persons 1711
participating in the director's review, and all work products of 1712
the board or director, and in the case of a child fatality 1713
review board, child fatality review data submitted by the board 1714
to the department of health or a national child death review 1715
database, other than the report prepared pursuant to division 1716
(A) of section 307.626 of the Revised Code; 1717
(t) Records provided to and statements made by the 1718
executive director of a public children services agency or a 1719
prosecuting attorney acting pursuant to section 5153.171 of the 1720
Revised Code other than the information released under that 1721
section; 1722

(u) Test materials, examinations, or evaluation tools used in an examination for licensure as a nursing home administrator

S. B. No. 133 As Introduced

that the board of executives of long-term services and supports 1725
administers under section 4751.15 of the Revised Code or 1726
contracts under that section with a private or government entity 1727
to administer; 1728
(v) Records the release of which is prohibited by state or 1729
ederal law; 1730
(w) Proprietary information of or relating to any person 1731
that is submitted to or compiled by the Ohio venture capital 1732
authority created under section 150.01 of the Revised Code; 1733
(x) Financial statements and data any person submits for 1734
any purpose to the Ohio housing finance agency or the 1735
controlling board in connection with applying for, receiving, or 1736
accounting for financial assistance from the agency, and 1737
information that identifies any individual who benefits directly 1738
or indirectly from financial assistance from the agency; 1739
(y) Records listed in section 5101.29 of the Revised Code; 1740
(z) Discharges recorded with a county recorder under 1741
section 317.24 of the Revised Code, as specified in division (B) 1742
(2) of that section; 1743
(aa) Usage information including names and addresses of 1744
specific residential and commercial customers of a municipally 1745
owned or operated public utility; 1746
(bb) Records described in division (C) of section 187.04 1747
of the Revised Code that are not designated to be made available 1748
to the public as provided in that division; 1749
(cc) Information and records that are made confidential, 1750
privileged, and not subject to disclosure under divisions (B) 1751
and (C) of section 2949.221 of the Revised Code; 1752

S. B. No. 133 As Introduced

(dd) Personal information, as defined in section 149.45 of the Revised Code;

(ee)(dd) The confidential name, address, and other personally identifiable information of a program participant in the address confidentiality program established under sections 111.41 to 111.47 of the Revised Code, including the contents of any application for absent voter's ballots, absent voter's ballot identification envelope statement of voter, or provisional ballot affirmation completed by a program participant who has a confidential voter registration record; records or portions of records pertaining to that program that identify the number of program participants that reside within a precinct, ward, township, municipal corporation, county, or any other geographic area smaller than the state; and any real property confidentiality notice filed under section 111.431 of the Revised Code and the information described in division (C) of that section. As used in this division, "confidential address" and "program participant" have the meaning defined in section 111.41 of the Revised Code.

(ff)(ee) Orders for active military service of an 1772
individual serving or with previous service in the armed forces 1773
of the United States, including a reserve component, or the Ohio 1774
organized militia, except that, such order becomes a public 1775
record on the day that is fifteen years after the published date 1776
or effective date of the call to order; 1777
(gg)(ff) The name, address, contact information, or other 1778
personal information of an individual who is less than eighteen 1779
years of age that is included in any record related to a traffic 1780
accident involving a school vehicle in which the individual was 1781
an occupant at the time of the accident; 1782

S. B. No. 133 As Introduced

	(hh)(gg) Protected health information, as defined in 45	1783
	C.F.R. 160.103, that is in a claim for payment for a health care	1784
	product, service, or procedure, as well as any other health	1785
	claims data in another document that reveals the identity of an	1786
	individual who is the subject of the data or could be used to	1787
reveal that individual's identity;		1788
	(ii(hh) Any depiction by photograph, film, videotape, or	1789
	printed or digital image under either of the following	1790
circumstances:		1791
	(i） The depiction is that of a victim of an offense the	1792
	release of which would be, to a reasonable person of ordinary	1793
	sensibilities, an offensive and objectionable intrusion into the	1794
	victim's expectation of bodily privacy and integrity.	1795
	(ii） The depiction captures or depicts the victim of a	1796
	sexually oriented offense， as defined in section 2950.01 of the	1797
	Revised Code, at the actual occurrence of that offense.	1798
	(jj(ii) Restricted portions of a body-worn camera or	1799
dashboard camera recording;		1800
	(kk)(jj) In the case of a fetal-infant mortality review	1801
	board acting under sections 3707.70 to 3707.77 of the Revised	1802
	Code, records, documents， reports, or other information	1803
		1804
	the board's behalf, statements made by review board members	1805
	during board meetings, all work products of the board, and data	1806
	a	1807
	infant death review database, other than the report prepared	1808
pursuant to section 3707.77 of the Revised Code.		1809
presented to the pregnancy-associated mortality review board	(ll>(kk) Records, documents， reports, or other information	1810

S. B. No. 133 As Introduced

	stablished under section 3738.01 of the Revised Code,
		1812
		1813
	coducts of the board, and data submitted by the board to the	1814
	epartment of health, other than the biennial reports prepared	1815
	nder section 3738.08 of the Revised Code;	1816
	(mm)(ll) Except as otherwise provided in division (A)(l)	1817
	oo)(A)(l)(nn) of this section, telephone numbers for a victim,	1818
	s defined in section 2930.01 of the Revised Code or a witness	1819
	O a crime that are listed on any law enforcement record or	1820
eport.		1821
	(nn)(mm) A preneed funeral contract, as defined in section	1822
	717.0l of the Revised Code, and contract terms and personally	1823
	dentifying information of a preneed funeral contract, that is	1824
	ontained in a report submitted by or for a funeral home to the	1825
	Dard of embalmers and funeral directors under division (C） of	1826
	ection 4717.13， division (J） of section 4717.31， 0r section	1827
717.4l of the Revised Code.		1828
	(oo)(nn) Telephone numbers for a party to a motor vehicle	1829
		1830
		1831
	eport, except that the telephone numbers described in this	1832
	o r n e o	1833
		1834
ccurrence of the motor vehicle accident.		1835
(pp+(oo) Records pertaining to individuals who complete		1836
		1837
	ermitted by a school district board of education or governing	1838
	ody of a community school established under Chapter 3314. of	1839
	ne Revised Code, a STEM school established under Chapter 3326.	1840
	f the Revised Code, or a chartered nonpublic school to convey	1841

S. B. No. 133

As Introduced
deadly weapons or dangerous ordnance into a school safety zone; 1842
(qq)(pp) Records, documents, reports, or other information 1843
presented to a domestic violence fatality review board 1844
established under section 307.651 of the Revised Code, 1845
statements made by board members during board meetings, all work 1846
products of the board, and data submitted by the board to the 1847
department of health, other than a report prepared pursuant to 1848
section 307.656 of the Revised Code; 1849
(rr)(qq) Records, documents, and information the release 1850
of which is prohibited under sections 2930.04 and 2930.07 of the 1851
Revised Code; 1852
(ss)(rr) Records of an existing qualified nonprofit 1853
corporation that creates a special improvement district under 1854
Chapter 1710. of the Revised Code that do not pertain to a 1855
purpose for which the district is created; 1856
(tt)(ss) Educational support services data, as defined in 1857
section 3319.325 of the Revised Code. 1858
A record that is not a public record under division (A)(1) 1859
of this section and that, under law, is permanently retained 1860
becomes a public record on the day that is seventy-five years 1861
after the day on which the record was created, except for any 1862
record protected by the attorney-client privilege, a trial 1863
preparation record as defined in this section, a statement 1864
prohibiting the release of identifying information signed under 1865
section 3107.083 of the Revised Code, a denial of release form 1866
filed pursuant to section 3107.46 of the Revised Code, or any 1867
record that is exempt from release or disclosure under section 1868
149.433 of the Revised Code. If the record is a birth 1869
certificate and a biological parent's name redaction request 1870

S. B. No. 133 As Introduced

			Code, the name of that parent shall be redacted from the birth	form has been accepted under section 3107.391 of the Revised	1871
					1872
	certificate before it is released under this paragraph. If any				1873
	other section of the Revised Code establishes a time period for				1874
	disclosure of a record that conflicts with the time period				1875
	specified in this section, the time period in the other section				1876 1877
	prevails.
					1878
				means any record that pertains to a law enforcement matter of a	1879
				criminal, quasi-criminal, civil, or administrative nature, but	1880
				only to the extent that the release of the record would create a	1881
		high probability of disclosure of any of the following:			1882
				(a） The identity of a suspect who has not been charged	1883
			with the offense to which the record pertains， or of an		1884
				information source or witness to whom confidentiality has been	1885
	reasonably promised;				1886
			(b） Information provided by an information source or		1887
					1888
				which information would reasonably tend to disclose the source's	1889
	or witness's identity;				1890
			(c） Specific confidential investigatory techniques or		1891
	procedures or specific investigatory work product;				1892
		(d) Information that would endanger the life or physical			1893
		safety of law enforcement personnel, a crime victim, a witness,			1894
		or a confidential information source.			1895
				(3） "Medical record" means any document or combination of	1896
				documents, except births, deaths, and the fact of admission to	1897
			or discharge from a hospital, that pertains to the medical		1898
				history, diagnosis, prognosis, or medical condition of a patient	1899

S. B. No. 133 As Introduced

and that is generated and maintained in the process of medical 1900

treatment.	1901
(4） "Trial preparation record" means any record that	1902
contains information that is specifically compiled in reasonable	1903
anticipation of，or in defense of，a civil or criminal action or	1904
proceeding, including the independent thought processes and	1905
personal trial preparation of an attorney.	1906
	1907
than a financial or administrative record, that is produced or	1908
collected by or for faculty or staff of a state institution of	1909
higher learning in the conduct of or as a result of study or	1910
research on an educational, commercial, scientific, artistic,	1911
technical, or scholarly issue, regardless of whether the study	1912
or research was sponsored by the institution alone or in	1913
conjunction with a governmental body or private concern, and	1914
that has not been publicly released, published, or patented.	1915
(6） "Donor profile record" means all records about donors	1916
	1917
except the names and reported addresses of the actual donors and	1918
the date, amount, and conditions of the actual donation.	1919
(7) "Designated public service worker" means a peace	1920
	1921
attorney, assistant prosecuting attorney, correctional employee,	1922
county or multicounty corrections officer, community-based	1923
correctional facility employee, designated Ohio national guard	1924
member, protective services worker, youth services employee,	1925
firefighter, EMT, medical director or member of a cooperating	1926
physician advisory board of an emergency medical service	1927
organization, state board of pharmacy employee, investigator of	1928
the bureau of criminal identification and investigation,	1929

S. B. No. 133 Page 66 As Introduced

emergency service telecommunicator, forensic mental health 1930
provider, mental health evaluation provider, regional 1931
psychiatric hospital employee, judge, magistrate, or federal law 1932
enforcement officer. 1933
(8) "Designated public service worker residential and 1934
familial information" means any information that discloses any 1935
of the following about a designated public service worker: 1936
(a) The address of the actual personal residence of a 1937
designated public service worker, except for the following 1938
information: 1939
(i) The address of the actual personal residence of a 1940
prosecuting attorney or judge; and 1941
(ii) The state or political subdivision in which a 1942
designated public service worker resides. 1943
(b) Information compiled from referral to or participation 1944
in an employee assistance program; 1945
(c) The social security number, the residential telephone 1946
number, any bank account, debit card, charge card, or credit 1947
card number, or the emergency telephone number of, or any 1948
medical information pertaining to, a designated public service 1949
worker; 1950
(d) The name of any beneficiary of employment benefits, 1951
including, but not limited to, life insurance benefits, provided 1952
to a designated public service worker by the designated public 1953
service worker's employer; 1954
(e) The identity and amount of any charitable or 1955
employment benefit deduction made by the designated public 1956
service worker's employer from the designated public service 1957

S. B. No. 133

AsIntroduced
worker's compensation, unless the amount of the deduction is	1958
required by state or federal law;	1959
(f） The name, the residential address, the name of the	1960
employer, the address of the employer, the social security	1961
number, the residential telephone number, any bank account,	1962
debit card, charge card, or credit card number, or the emergency	1963
telephone number of the spouse, a former spouse, or any child of	1964
a designated public service worker;	1965
(g） A photograph of a peace officer who holds a position	1966
or has an assignment that may include undercover or plain	1967
clothes positions or assignments as determined by the peace	1968
officer's appointing authority.	1969
(9）As used in divisions (A)(7）and (l5）to (l7） of this	1970
section:	1971
"Peace officer" has the meaning defined in section 109.71	1972
of the Revised Code and also includes the superintendent and	1973
troopers of the state highway patrol; it does not include the	1974
u 'oum ode osadns to uoo go aus	1975
absence of the sheriff, is authorized to stand in for， exercise	1976
the authority of， and perform the duties of the sheriff.	1977
"Correctional employee" means any employee of the	1978
department of rehabilitation and correction who in the course of	1979
	1980
inmates and persons under supervision.	1981
"County or multicounty corrections officer" means any	1982
	1983
correctional facility.	1984
"Designated Ohio national guard member" means a member of	1985
the Ohio national guard who is participating in duties related	1986

S. B. No. 133 As Introduced

to remotely piloted aircraft, including, but not limited to, 1987
pilots, sensor operators, and mission intelligence personnel, 1988
duties related to special forces operations, or duties related 1989
to cybersecurity, and is designated by the adjutant general as a 1990
designated public service worker for those purposes. 1991
"Protective services worker" means any employee of a 1992
county agency who is responsible for child protective services, 1993
child support services, or adult protective services. 1994
"Youth services employee" means any employee of the 1995
department of youth services who in the course of performing the 1996
employee's job duties has or has had contact with children 1997
committed to the custody of the department of youth services. 1998
"Firefighter" means any regular, paid or volunteer, member 1999
of a lawfully constituted fire department of a municipal 2000
corporation, township, fire district, or village. 2001
"EMT" means EMTs-basic, EMTs-I, and paramedics that 2002
provide emergency medical services for a public emergency 2003
medical service organization. "Emergency medical service 2004
organization," "EMT-basic," "EMT-I," and "paramedic" have the 2005
meanings defined in section 4765.01 of the Revised Code. 2006
"Investigator of the bureau of criminal identification and 2007
investigation" has the meaning defined in section 2903.11 of the 2008
Revised Code. 2009
"Emergency service telecommunicator" means an individual 2010
employed by an emergency service provider as defined under 2011
section 128.01 of the Revised Code, whose primary responsibility 2012
is to be an operator for the receipt or processing of calls for 2013
emergency services made by telephone, radio, or other electronic 2014
means. 2015

S. B. No. 133 As Introduced

"Forensic mental health provider" means any employee of a			2016
	inity mental health service provider or local alcohol, drug		2017
	ction, and mental health services board who, in the course		2018
		ne employee's duties, has contact with persons committed to	2019
		cal alcohol, drug addiction, and mental health services	2020
		1 by a court 0rder pursuant to section 2945.38, 2945.39,	2021
	.40， or 2945.402 of the Revised Code.		2022
		"Mental health evaluation provider" means an individual	2023
		under Chapter 5122. of the Revised Code, examines a	2024
			2025
		order， as defined in section 5122.01 of the Revised Code,	2026
reports to the probate court the respondent's mental			2027
ition.			2028
"Regional psychiatric hospital employee" means any			2029
oyee of the department of mental health and addiction			2030
			2031
	ices who, in the course of performing the employee's duties,		2032
	contact with patients committed to the department of mental		2033
	th and addiction services by a court order pursuant to		2034
	ion 2945.38, 2945.39， 2945.40, 0r 2945.402 of the Revised		2035
		"Federal law enforcement officer" has the meaning defined	2036
	ection 9.88 of the Revised Code.		2037
	(lo) "Information pertaining to the recreational		2038
	vities of a person under the age of eighteen" means		2039
			2040
		ic office, that pertains to the recreational activities of a	2041
		on under the age of eighteen years, and that discloses any	2042
nefollowing:			2043
		(a） The address or telephone number of a person under the	2044

S. B. No. 133 As Introduced

age of eighteen or the address or telephone number of that 2045
person's parent, guardian, custodian, or emergency contact 2046
person; 2047
(b) The social security number, birth date, or 2048
photographic image of a person under the age of eighteen; 2049
(c) Any medical record, history, or information pertaining 2050
to a person under the age of eighteen; 2051
(d) Any additional information sought or required about a 2052
person under the age of eighteen for the purpose of allowing 2053
that person to participate in any recreational activity 2054
conducted or sponsored by a public office or to use or obtain 2055
admission privileges to any recreational facility owned or 2056
operated by a public office. 2057
(11) "Community control sanction" has the meaning defined 2058
in section 2929.01 of the Revised Code. 2059
(12) "Post-release control sanction" has the meaning 2060
defined in section 2967.01 of the Revised Code. 2061
(13) "Redaction" means obscuring or deleting any 2062
information that is exempt from the duty to permit public 2063
inspection or copying from an item that otherwise meets the 2064
definition of a "record" in section 149.011 of the Revised Code. 2065
(14) "Designee," "elected official," and "future official" 2066
have the meanings defined in section 109.43 of the Revised Code. 2067
(15) "Body-worn camera" means a visual and audio recording 2068
device worn on the person of a correctional employee, youth 2069
services employee, or peace officer while the correctional 2070
employee, youth services employee, or peace officer is engaged 2071
in the performance of official duties. 2072

S. B. No. 133 As Introduced

(16) "Dashboard camera" means a visual and audio recording

device mounted on a peace officer's vehicle or vessel that is 2074

used while the peace officer is engaged in the performance of 2075

the peace officer's duties. 2076

(17) "Restricted portions of a body-worn camera or 2077

dashboard camera recording" means any visual or audio portion of 2078

a body-worn camera or dashboard camera recording that shows, 2079

communicates, or discloses any of the following: 2080

(a） The image or identity of a child or information that 2081

could lead to the identification of a child who is a primary 2082

subject of the recording when the department of rehabilitation 2083

and correction, department of youth services, or the law 2084

2085

child based on the department's or law enforcement agency's 2086

records or the content of the recording; 2087

(b) The death of a person or a deceased person's body, 2088

unless the death was caused by a correctional employee, youth 2089

services employee, or peace officer or， subject to division (H) 2090

(l） of this section, the consent of the decedent's executor or 2091

administrator has been obtained; 2092

(c） The death of a correctional employee, youth services 2093

employee, peace officer, firefighter, paramedic, or other first 2094

responder, occurring while the decedent was engaged in the 2095

performance of official duties, unless, subject to division (H) 2096

(l） of this section， the consent of the decedent's executor or 2097

administrator has been obtained; 2098

(d) Grievous bodily harm, unless the injury was effected 2099

by a correctional employee, youth services employee, or peace 2100

officer or， subject to division (H)(l） of this section， the 2101

S. B. No. 133 As Introduced

consent of the injured person or the injured person's guardian 2102
has been obtained; 2103
(e) An act of severe violence against a person that 2104
results in serious physical harm to the person, unless the act 2105
and injury was effected by a correctional employee, youth 2106
services employee, or peace officer or, subject to division (H) 2107
(1) of this section, the consent of the injured person or the 2108
injured person's guardian has been obtained; 2109
(f) Grievous bodily harm to a correctional employee, youth 2110
services employee, peace officer, firefighter, paramedic, or 2111
other first responder, occurring while the injured person was 2112
engaged in the performance of official duties, unless, subject 2113
to division (H)(1) of this section, the consent of the injured 2114
person or the injured person's guardian has been obtained; 2115
(g) An act of severe violence resulting in serious 2116
physical harm against a correctional employee, youth services 2117
employee, peace officer, firefighter, paramedic, or other first 2118
responder, occurring while the injured person was engaged in the 2119
performance of official duties, unless, subject to division (H) 2120
(1) of this section, the consent of the injured person or the 2121
injured person's guardian has been obtained; 2122
(h) A person's nude body, unless, subject to division (H) 2123
(1) of this section, the person's consent has been obtained; 2124
(i) Protected health information, the identity of a person 2125
in a health care facility who is not the subject of a 2126
correctional, youth services, or law enforcement encounter, or 2127
any other information in a health care facility that could 2128
identify a person who is not the subject of a correctional, 2129
youth services, or law enforcement encounter; 2130

S. B. No. 133 As Introduced

(j) Information that could identify the alleged victim of 2131
a sex offense, menacing by stalking, or domestic violence; 2132
(k) Information, that does not constitute a confidential 2133
law enforcement investigatory record, that could identify a 2134
person who provides sensitive or confidential information to the 2135
department of rehabilitation and correction, the department of 2136
youth services, or a law enforcement agency when the disclosure 2137
of the person's identity or the information provided could 2138
reasonably be expected to threaten or endanger the safety or 2139
property of the person or another person; 2140
(l) Personal information of a person who is not arrested, 2141
cited, charged, or issued a written warning by a peace officer; 2142
(m) Proprietary correctional, youth services, or police 2143
contingency plans or tactics that are intended to prevent crime 2144
and maintain public order and safety; 2145
(n) A personal conversation unrelated to work between 2146
correctional employees, youth services employees, or peace 2147
officers or between a correctional employee, youth services 2148
employee, or peace officer and an employee of a law enforcement 2149
agency; 2150
(o) A conversation between a correctional employee, youth 2151
services employee, or peace officer and a member of the public 2152
that does not concern correctional, youth services, or law 2153
enforcement activities; 2154
(p) The interior of a residence, unless the interior of a 2155
residence is the location of an adversarial encounter with, or a 2156
use of force by, a correctional employee, youth services 2157
employee, or peace officer; 2158
(q) Any portion of the interior of a private business that 2159

S. B. No. 133 As Introduced

		2160
	or a use of force by, a correctional employee, youth services	2161
	employee, or peace officer occurs in that location.	2162
	As used in division (A)(l7） of this section:	2163
	"Grievous bodily harm" has the same meaning as in section	2164
5924.120 of the Revised Code.		2165
	"Health care facility" has the same meaning as in section	2166
1337.11 of the Revised Code.		2167
	"Protected health information" has the Same meaning as in	2168
45 C.F.R. 160.103.		2169
	"Law enforcement agency" means a government entity that	2170
employs peace officers to perform law enforcement duties.		2171
	"Personal information" means any government-issued	2172
	identification number, date of birth, address, financial	2173
	information, or criminal justice information from the law	2174
	enforcement automated data system or similar databases.	2175
		2176
of the Revised Code.		2177
		2178
	same meanings as in section 4765.01 of the Revised Code.	2179
	otstatp oi aoaqns pue uosiad ue a asanbat uodn (t)(a)	2180
	(B)(8) of this section, all public records responsive to the	2181
	request shall be promptly prepared and made available for	2182
	inspection to the requester at all reasonable times during	2183
	regular business hours. Subject to division (B)(8） of this	2184
	section, upon request by any person, a public office or person	2185
	responsible for public records shall make copies of the	2186
	requested public record available to the requester at cost and	2187

S. B. No. 133 As Introduced

within a reasonable period of time. If a public record contains information that is exempt from the duty to permit public inspection or to copy the public record, the public office or the person responsible for the public record shall make available all of the information within the public record that is not exempt. When making that public record available for public inspection or copying that public record, the public office or the person responsible for the public record shall notify the requester of any redaction or make the redaction plainly visible. A redaction shall be deemed a denial of a request to inspect or copy the redacted information, except if federal or state law authorizes or requires a public office to make the redaction. When the auditor of state receives a request to inspect or to make a copy of a record that was provided to the auditor of state for purposes of an audit, but the original public office has asserted to the auditor of state that the record is not a public record, the auditor of state may handle the requests by directing the requestor to the original public office that provided the record to the auditor of state.

(2) To facilitate broader access to public records, a public office or the person responsible for public records shall organize and maintain public records in a manner that they can be made available for inspection or copying in accordance with division (B) of this section. A public office also shall have available a copy of its current records retention schedule at a location readily available to the public. If a requester makes an ambiguous or overly broad request or has difficulty in making a request for copies or inspection of public records under this section such that the public office or the person responsible for the requested public record cannot reasonably identify what public records are being requested, the public office or the

S. B. No. 133 As Introduced

person responsible for the requested public record may deny the request but shall provide the requester with an opportunity to revise the request by informing the requester of the manner in which records are maintained by the public office and accessed in the ordinary course of the public office's or person's duties.

(3) If a request is ultimately denied, in part or in whole, the public office or the person responsible for the requested public record shall provide the requester with an explanation, including legal authority, setting forth why the request was denied. If the initial request was provided in writing, the explanation also shall be provided to the requester in writing. The explanation shall not preclude the public office or the person responsible for the requested public record from relying upon additional reasons or legal authority in defending an action commenced under division (C) of this section.

(4) Unless specifically required or authorized by state or federal law or in accordance with division (B) of this section, no public office or person responsible for public records may limit or condition the availability of public records by requiring disclosure of the requester's identity or the intended use of the requested public record. Any requirement that the requester disclose the requester's identity or the intended use of the requested public record constitutes a denial of the request.

(5) A public office or person responsible for public records may ask a requester to make the request in writing, may ask for the requester's identity, and may inquire about the intended use of the information requested, but may do so only after disclosing to the requester that a written request is not

S. B. No. 133 As Introduced

mandatory, that the requester may decline to reveal the requester's identity or the intended use, and when a written request or disclosure of the identity or intended use would benefit the requester by enhancing the ability of the public office or person responsible for public records to identify, locate, or deliver the public records sought by the requester.

(6) If any person requests a copy of a public record in accordance with division (B) of this section, the public office or person responsible for the public record may require the requester to pay in advance the cost involved in providing the copy of the public record in accordance with the choice made by the requester under this division. The public office or the person responsible for the public record shall permit the requester to choose to have the public record duplicated upon paper, upon the same medium upon which the public office or person responsible for the public record keeps it, or upon any other medium upon which the public office or person responsible for the public record determines that it reasonably can be duplicated as an integral part of the normal operations of the public office or person responsible for the public record. When the requester makes a choice under this division, the public office or person responsible for the public record shall provide a copy of it in accordance with the choice made by the requester. Nothing in this section requires a public office or person responsible for the public record to allow the requester of a copy of the public record to make the copies of the public record.

(7)(a) Upon a request made in accordance with division (B) of this section and subject to division (B)(6) of this section, a public office or person responsible for public records shall transmit a copy of a public record to any person by United

S. B. No. 133 As Introduced

within a reasonable period of time after receiving the request

2281 2282

for the copy. The public office or person responsible for the 2283

in advance the cost of postage if the copy is transmitted by 2284

United States mail or the cost of delivery if the copy is 2285

transmitted other than by United States mail, and to pay in 2286

2287

mailing, delivery, or transmission. 2288

2289

that it will follow in transmitting, within a reasonable period 2290

of time after receiving a request, copies of public records by 2291

United States mail or by any other means of delivery or 2292

transmission pursuant to division (B)(7） of this section.A 2293

public office that adopts a policy and procedures under division 2294

(B)(7) of this section shall comply with them in performing its 2295

duties under that division. 2296

2297

(B)(7） of this section: 2298

(i） A public office may limit the number of records 2299

requested by a person that the office will physically deliver by 2300

2301

month, unless the person certifies to the office in writing that 2302

the person does not intend to use or forward the requested 2303

records, or the information contained in them, for commercial 2304

purposes; 2305

(ii） A public office that chooses to provide some or all 2306

of its public records on a web site that is fully accessible to 2307

and searchable by members of the public at all times, other than 2308

during acts of God outside the public office's control or 2309

S. B. No. 133 As Introduced

maintenance, and that charges no fee to search, access, download, or otherwise receive records provided on the web site, may limit to ten per month the number of records requested by a person that the office will deliver in a digital format, unless the requested records are not provided on the web site and unless the person certifies to the office in writing that the person does not intend to use or forward the requested records, or the information contained in them, for commercial purposes.

(iii) For purposes of division (B)(7) of this section, "commercial" shall be narrowly construed and does not include reporting or gathering news, reporting or gathering information to assist citizen oversight or understanding of the operation or activities of government, or nonprofit educational research.

2310
2311
2312
2313
2314
2315
2316
2317
2318
2319
2320
2321
2322
2323
2324
2325
2326
2327
2328
2329
2330
2331
2332
2333
2334
2335
2336
2337
2338
2339

(8) A public office or person responsible for public records is not required to permit a person who is incarcerated pursuant to a criminal conviction or a juvenile adjudication to inspect or to obtain a copy of any public record concerning a criminal investigation or prosecution or concerning what would be a criminal investigation or prosecution if the subject of the investigation or prosecution were an adult, unless the request to inspect or to obtain a copy of the record is for the purpose of acquiring information that is subject to release as a public record under this section and the judge who imposed the sentence or made the adjudication with respect to the person, or the judge's successor in office, finds that the information sought in the public record is necessary to support what appears to be a justiciable claim of the person.

(9)(a) Upon written request made and signed by a journalist, a public office, or person responsible for public records, having custody of the records of the agency employing a

S. B. No. 133 As Introduced

specified designated public service worker shall disclose to the 2340

journalist the address of the actual personal residence of the 2341

designated public service worker and, if the designated public 2342

service worker's spouse, former spouse, or child is employed by 2343

a public office, the name and address of the employer of the 2344

designated public service worker's spouse, former spouse, or 2345

child. The request shall include the journalist's name and title 2346

and the name and address of the journalist's employer and shall 2347

state that disclosure of the information sought would be in the 2348

public interest. 2349

1 o o1 1 1 ()()() o11 () 2350

journalist requests for: 2351

(i） Customer information maintained by a municipally owned 2352

or operated public utility, other than social security numbers 2353

and any private financial information such as credit reports, 2354

payment methods, credit card numbers, and bank account 2355

information; 2356

(ii） Information about minors involved in a school vehicle 2357

accident as provided in division (A)(l)(gg)(A)(l）(ff） of this 2358

section, other than personal information as defined in section 2359

149.45 of the Revised Code. 2360

(c） As used in division (B)(9) of this section, 2361

2362

'utzebeu 'iadedsmau e butpntout 'untpau smau Kue Ka paKotdue 2363

press association, news agency, or wire service, a radio or 2364

television station, or a similar medium, for the purpose of 2365

gathering, processing, transmitting, compiling, editing, or 2366

disseminating information for the general public. 2367 o () 2368

S. B. No. 133 As Introduced

	2930.02 of the Revised Code, a public office or person		2369 2370
	responsible for public records shall transmit a copy of a		2371
	depiction of the victim as described in division (A)(l)(ii>(A)		2372
	(l)(hh) of this section to the victim, victim's attorney， or		2373
victim's representative.			2374
		(C)(l） If a person allegedly is aggrieved by the failure	2375
		of a public office or the person responsible for public records	2376
		to promptly prepare a public record and to make it available to	2377
		the person for inspection in accordance with division (B） of	2378
		this section or by any other failure of a public office or the	2379
		person responsible for public records to comply with an	2380
		obligation in accordance with division (B） of this section， the	2381
		person allegedly aggrieved may do only one of the following, and	2382
notboth:			2383
		(a） File a complaint with the clerk of the court of claims	2384 2385
of the Revised Code;	or the clerk of the court of common pleas under section 2743.75		2386
	u uo o o u u a		2387
			2388
	public record to comply with division (B） of this section， that		2389
	awards court costs and reasonable attorney's fees to the person		2390
	that instituted the mandamus action, and, if applicable, that		2391
	()(o) uotsttp tapun sabeup onaeis butxtg tapto ue sapntout		2392
	of this section. The mandamus action may be commenced in the		2393
		court of common pleas of the county in which division (B） of	2394
	this section allegedly was not complied with, in the supreme		2395
	court pursuant to its original jurisdiction under Section 2 of		2396
		Article IV, Ohio Constitution, or in the court of appeals for	2397
	the appellate district in which division (B) of this section		2398

S. B. No. 133 As Introduced

allegedly was not complied with pursuant to its original 2399
jurisdiction under Section 3 of Article IV, Ohio Constitution. 2400

(2) If a requester transmits a written request by hand delivery, electronic submission, or certified mail to inspect or receive copies of any public record in a manner that fairly describes the public record or class of public records to the public office or person responsible for the requested public records, except as otherwise provided in this section, the requester shall be entitled to recover the amount of statutory damages set forth in this division if a court determines that the public office or the person responsible for public records failed to comply with an obligation in accordance with division (B) of this section.

The amount of statutory damages shall be fixed at one hundred dollars for each business day during which the public office or person responsible for the requested public records failed to comply with an obligation in accordance with division (B) of this section, beginning with the day on which the requester files a mandamus action to recover statutory damages, up to a maximum of one thousand dollars. The award of statutory damages shall not be construed as a penalty, but as compensation for injury arising from lost use of the requested information. The existence of this injury shall be conclusively presumed. The award of statutory damages shall be in addition to all other remedies authorized by this section.

The court may reduce an award of statutory damages or not award statutory damages if the court determines both of the following:

(a) That, based on the ordinary application of statutory law and case law as it existed at the time of the conduct or

S. B. No. 133 As Introduced

threatened conduct of the public office or person responsible 2429
for the requested public records that allegedly constitutes a 2430
failure to comply with an obligation in accordance with division 2431
(B) of this section and that was the basis of the mandamus 2432
action, a well-informed public office or person responsible for 2433
the requested public records reasonably would believe that the 2434
conduct or threatened conduct of the public office or person 2435
responsible for the requested public records did not constitute 2436
a failure to comply with an obligation in accordance with 2437
division (B) of this section; 2438
(b) That a well-informed public office or person 2439
responsible for the requested public records reasonably would 2440
believe that the conduct or threatened conduct of the public 2441
office or person responsible for the requested public records 2442
would serve the public policy that underlies the authority that 2443
is asserted as permitting that conduct or threatened conduct. 2444
(3) In a mandamus action filed under division (C)(1) of 2445
this section, the following apply: 2446
(a)(i) If the court orders the public office or the person 2447
responsible for the public record to comply with division (B) of 2448
this section, the court shall determine and award to the relator 2449
all court costs, which shall be construed as remedial and not 2450
punitive. 2451
(ii) If the court makes a determination described in 2452
division (C)(3)(b)(iii) of this section, the court shall 2453
determine and award to the relator all court costs, which shall 2454
be construed as remedial and not punitive. 2455
(b) If the court renders a judgment that orders the public 2456
office or the person responsible for the public record to comply 2457

S. B. No. 133 As Introduced

with division (B) of this section or if the court determines any of the following, the court may award reasonable attorney's fees to the relator, subject to division (C)(4) of this section:

(i) The public office or the person responsible for the public records failed to respond affirmatively or negatively to the public records request in accordance with the time allowed under division (B) of this section.

2458
2459
2460
2461
2462
2463
2464
2465
2466
2467
2468
2469
2485
2486

(ii) The public office or the person responsible for the public records promised to permit the relator to inspect or receive copies of the public records requested within a specified period of time but failed to fulfill that promise within that specified period of time.

(iii) The public office or the person responsible for the 2470
public records acted in bad faith when the office or person 2471
voluntarily made the public records available to the relator for 2472
the first time after the relator commenced the mandamus action, 2473
but before the court issued any order concluding whether or not 2474
the public office or person was required to comply with division 2475
(B) of this section. No discovery may be conducted on the issue 2476
of the alleged bad faith of the public office or person 2477
responsible for the public records. This division shall not be 2478
construed as creating a presumption that the public office or 2479
the person responsible for the public records acted in bad faith 2480
when the office or person voluntarily made the public records 2481
available to the relator for the first time after the relator 2482
commenced the mandamus action, but before the court issued any 2483
order described in this division. 2484

(c) The court shall not award attorney's fees to the relator if the court determines both of the following:

S. B. No. 133

AsIntroduced

(i） That, based on the ordinary application of statutory 2487

law and case law as it existed at the time of the conduct or 2488

threatened conduct of the public office or person responsible 2489

for the requested public records that allegedly constitutes a 2490

failure to comply with an obligation in accordance with division 2491

(B) of this section and that was the basis of the mandamus 2492

action, a well-informed public office or person responsible for 2493

the requested public records reasonably would believe that the 2494

conduct or threatened conduct of the public office or person 2495

responsible for the requested public records did not constitute 2496

a failure to comply with an obligation in accordance with 2497

division (B) of this Section; 2498

(ii） That a well-informed public office or person

2499 responsible for the requested public records reasonably would 2500

2501

office or person responsible for the requested public records 2502

would serve the public policy that underlies the authority that 2503

is asserted as permitting that conduct or threatened conduct. 2504

(4） All of the following apply to any award of reasonable 2505 attorney's fees awarded under division (C)(3)(b) of this 2506

section: 2507

(a) The fees shall be construed as remedial and not 2508

punitive. 2509

(b） The fees awarded shall not exceed the total of the 2510

reasonable attorney's fees incurred before the public record was 2511

made available to the relator and the fees described in division 2512

(C)(4)(c） of this section. 2513

(c) Reasonable attorney's fees shall include reasonable 2514

fees incurred to produce proof of the reasonableness and amount 2515

S. B. No. 133 As Introduced

of the fees and to otherwise litigate entitlement to the fees. 2516

(d) The court may reduce the amount of fees awarded if the 2517 court determines that, given the factual circumstances involved 2518

with the specific public records request, an alternative means 2519

2520

resolve the dispute that was subject to the mandamus action 2521

filed under division (C)(l） of this section. 2522

(5） If the court does not issue a writ of mandamus under 2523 division (C) of this section and the court determines at that 2524

time that the bringing of the mandamus action was frivolous 2525

conduct as defined in division (A） of section 2323.5l of the 2526

Revised Code, the court may award to the public office all court 2527

costs, expenses, and reasonable attorney's fees, as determined 2528

by the court. 2529

(D） Chapter 1347. of the Revised Code does not limit the 2530 provisions of this section. 2531

) 2532

appropriately educated about a public office's obligations under 2533 division (B) of this section, all elected officials or their 2534

2535

2536

Code. A future official may satisfy the requirements of this 2537

2538

division by attending the training before taking office,

provided that the future official may not send a designee in the 2539

future official's place. 2540

(2) All public offices shall adopt a public records policy 2541

in compliance with this section for responding to public records 2542 requests. In adopting a public records policy under this 2543

division, a public office may obtain guidance from the model

S. B. No. 133 As Introduced

public records policy developed and provided to the public office by the attorney general under section 109.43 of the Revised Code. Except as otherwise provided in this section, the policy may not limit the number of public records that the public office will make available to a single person, may not limit the number of public records that it will make available during a fixed period of time, and may not establish a fixed period of time before it will respond to a request for inspection or copying of public records, unless that period is less than eight hours.

The public office shall distribute the public records policy adopted by the public office under this division to the employee of the public office who is the records custodian or records manager or otherwise has custody of the records of that office. The public office shall require that employee to acknowledge receipt of the copy of the public records policy. The public office shall create a poster that describes its public records policy and shall post the poster in a conspicuous place in the public office and in all locations where the public office has branch offices. The public office may post its public records policy on the internet web site of the public office if the public office maintains an internet web site. A public office that has established a manual or handbook of its general policies and procedures for all employees of the public office shall include the public records policy of the public office in the manual or handbook.

(F)(1) The bureau of motor vehicles may adopt rules pursuant to Chapter 119. of the Revised Code to reasonably limit the number of bulk commercial special extraction requests made by a person for the same records or for updated records during a calendar year. The rules may include provisions for charges to

S. B. No. 133 As Introduced

be made for bulk commercial special extraction requests for the actual cost of the bureau, plus special extraction costs, plus ten per cent. The bureau may charge for expenses for redacting information, the release of which is prohibited by law.

(2) As used in division (F)(1) of this section:

(a) "Actual cost" means the cost of depleted supplies, records storage media costs, actual mailing and alternative delivery costs, or other transmitting costs, and any direct equipment operating and maintenance costs, including actual costs paid to private contractors for copying services.

2576
2577
2578
2579
2580
2581
2582
2583
2584
2585
2586
2587
2588
2589
2590
2591
2592
2593
2594
2595
2596
2597
2598
2599
2600
2601
2602
2603
2604

(b) "Bulk commercial special extraction request" means a request for copies of a record for information in a format other than the format already available, or information that cannot be extracted without examination of all items in a records series, class of records, or database by a person who intends to use or forward the copies for surveys, marketing, solicitation, or resale for commercial purposes. "Bulk commercial special extraction request" does not include a request by a person who gives assurance to the bureau that the person making the request does not intend to use or forward the requested copies for surveys, marketing, solicitation, or resale for commercial purposes.

(c) "Commercial" means profit-seeking production, buying, or selling of any good, service, or other product.

(d) "Special extraction costs" means the cost of the time spent by the lowest paid employee competent to perform the task, the actual amount paid to outside private contractors employed by the bureau, or the actual cost incurred to create computer programs to make the special extraction. "Special extraction

S. B. No. 133 As Introduced

records services.		2605 2606
	(3） For purposes of divisions (F)(l）and (2）of this	2607
	ction, "surveys, marketing, solicitation, or resale for	2608
	nmercial purposes" shall be narrowly construed and does not	2609
	clude reporting or gathering news, reporting or gathering	2610
	formation to assist citizen oversight or understanding of the	2611
search.	eration or activities of government, or nonprofit educational	2612 2613
	(G） A request by a defendant， counsel of a defendant, or	2614
	Y agent of a defendant in a criminal action that public	2615
		2616
	ction shall be considered a demand for discovery pursuant to	2617
	e Criminal Rules， except to the extent that the Criminal Rules	2618
	ainly indicate a contrary intent. The defendant, counsel of	2619
	e defendant, or agent of the defendant making a request under	2620
	is division shall serve a copy of the request on the	2621
	osecuting attorney, director of law, or other chief legal	2622
	ficer responsible for prosecuting the action.	2623
	(H)(l) Any portion of a body-worn camera or dashboard	2624
	mera recording described in divisions (A)(l7）(b）to (h） of	2625
	is section may be released by consent of the subject of the	2626
	cording or a representative of that person, as specified in	2627
	ose divisions, only if either of the following applies:	2628
	(a） The recording will not be used in connection with any	2629
	obable or pending criminal proceedings;	2630
	(b） The recording has been used in connection with a	2631
	iminal proceeding that was dismissed or for which a judgment	2632
	s been entered pursuant to Rule 32 of the Rules of Criminal	2633

S. B. No. 133 As Introduced

Procedure, and will not be used again in connection with any 2634
probable or pending criminal proceedings. 2635

(2) If a public office denies a request to release a restricted portion of a body-worn camera or dashboard camera recording, as defined in division (A)(17) of this section, any person may file a mandamus action pursuant to this section or a complaint with the clerk of the court of claims pursuant to section 2743.75 of the Revised Code, requesting the court to order the release of all or portions of the recording. If the court considering the request determines that the filing articulates by clear and convincing evidence that the public interest in the recording substantially outweighs privacy interests and other interests asserted to deny release, the court shall order the public office to release the recording.

2636
2637
2638
2639
2640
2641
2642
2643
2644
2645
2646
2647
2648
2649
2650
2651
2652
2653
2654
2655
2656
2657
2658
2659
2660
2661
2662
2663

Sec. 149.436. Notwithstanding division (A)(1)(gg) (A)(1) (ff) of section 149.43 of the Revised Code, upon written request made and signed by the parent or guardian of an individual who is less than eighteen years of age and was an occupant of a school vehicle involved in a traffic accident, a public office or person responsible for public records, having custody of any record related to the traffic accident containing the personal information of the individual, shall transmit a copy of that record to the recipient identified in the request.

The written request shall identify the individual on whose behalf the record is requested and the person to whom the record shall be transmitted. The record shall be transmitted only to the person identified in the written request as the recipient of the record.

A public office or person responsible for records responding to a request under this section shall redact any

S. B. No. 133 As Introduced

personal information contained in the record of any individual 2664
less than eighteen years of age who is not the subject of the 2665
request, before providing the record to the recipient. 2666

Sec. 1901.183. In addition to jurisdiction otherwise granted in this chapter, the environmental division of a municipal court shall have jurisdiction within its territory in all of the following actions or proceedings and to perform all of the following functions:

(A) Notwithstanding any monetary limitations in section 1901.17 of the Revised Code, in all actions and proceedings for the sale of real or personal property under lien of a judgment of the environmental division of the municipal court, or a lien for machinery, material, fuel furnished, or labor performed, irrespective of amount, and, in those cases, the environmental division may proceed to foreclose and marshal all liens and all vested or contingent rights, to appoint a receiver, and to render personal judgment irrespective of amount in favor of any party;

2667
2668
2669
2670
2671
2672
2673
2674
2675
2676
2677
2678
2679
2680
2681
2682
2683
2684
2685
2686
2687
2688
2689
2690
2691
2692
2693

(B) When in aid of execution of a judgment of the environmental division of the municipal court, in all actions for the foreclosure of a mortgage on real property given to secure the payment of money, or the enforcement of a specific lien for money or other encumbrance or charge on real property, when the real property is situated within the territory, and, in those cases, the environmental division may proceed to foreclose all liens and all vested and contingent rights and proceed to render judgments, and make findings and orders, between the parties, in the same manner and to the same extent as in similar cases in the court of common pleas;

(C) When in aid of execution of a judgment of the

S. B. No. 133 As Introduced

environmental division of the municipal court, in all actions 2694
for the recovery of real property situated within the territory 2695
to the same extent as courts of common pleas have jurisdiction; 2696
(D) In all actions for injunction to prevent or terminate 2697
violations of the ordinances and regulations of any municipal 2698
corporation within its territory enacted or promulgated under 2699
the police power of that municipal corporation pursuant to 2700
Section 3 of Article XVIII, Ohio Constitution, over which the 2701
court of common pleas has or may have jurisdiction, and, in 2702
those cases, the environmental division of the municipal court 2703
may proceed to render judgments, and make findings and orders, 2704
in the same manner and to the same extent as in similar cases in 2705
the court of common pleas; 2706

(E) In all actions for injunction to prevent or terminate violations of the resolutions and regulations of any political subdivision within its territory enacted or promulgated under the power of that political subdivision pursuant to Article X of the Ohio Constitution, over which the court of common pleas has or may have jurisdiction, and, in those cases, the environmental division of the municipal court may proceed to render judgments, and make findings and orders, in the same manner and to the same extent as in similar cases in the court of common pleas;

2707
2708
2709
2710
2711
2712
2713
2714
2715
2723
(F) In any civil action to enforce any provision of 2716
Chapter 3704., 3714., 3734., 3737., 3767., or 6111. of the 2717
Revised Code over which the court of common pleas has or may 2718
have jurisdiction, and, in those actions, the environmental 2719
division of the municipal court may proceed to render judgments, 2720
and make findings and orders, in the same manner and to the same 2721
extent as in similar actions in the court of common pleas; 2722

(G) In all actions and proceedings in the nature of

S. B. No. 133 As Introduced

	the payment of a judgment of the division, and, in those actions
	and proceedings, the environmental division may proceed to
	marshal and foreclose all liens on the property irrespective of
	the amount of the lien， and all vested or contingent rights in
	the property;
	of all criminal actions or proceedings related to the pollution
	of the air, ground, or water within the territory of the
	environmental division of the municipal court，for whieh a
	sentence of death cannot be imposed under Chapter 2903. of the
Revised Code;
					2737
administrative officer, agency, board, department, tribunal,					2738
commission, or other instrumentality that relates to a local					2739
building, housing, air pollution, Sanitation, health, fire,					2740
zoning, or safety code, ordinance, or regulation, in the same					2741
					2742
of common pleas;					2743
(J） With respect to the environmental division of the					2744
Franklin county municipal court, to hear appeals from					2745
adjudication hearings conducted under Chapter 956. of the					2746
Revised Code.					2747
Sec. 2i52.13. (A) A juvenile court shall impose a serious					2748
youthful dispositional sentence on a child when required under					2749
division (B)(3） of section 2l52.121 of the Revised Code. In such					2750
					a case, the remaining provisions of this division and divisions 2751
(B) and (C) do not apply to the child, and the court shall
impose the mandatory serious youthful dispositional sentence

S. B. No. 133 As Introduced

under division (D)(1) of this section. 2754
In all other cases, a juvenile court may impose a serious 2755
youthful offender dispositional sentence on a child only if the 2756
prosecuting attorney of the county in which the delinquent act 2757
allegedly occurred initiates the process against the child in 2758
accordance with this division, and the child is an alleged 2759
delinquent child who is eligible for the dispositional sentence. 2760
The prosecuting attorney may initiate the process in any of the 2761
following ways: 2762
(1) Obtaining an indictment of the child as a serious 2763
youthful offender; 2764
(2) The child waives the right to indictment, charging the 2765
child in a bill of information as a serious youthful offender; 2766
(3) Until an indictment or information is obtained, 2767
requesting a serious youthful offender dispositional sentence in 2768
the original complaint alleging that the child is a delinquent 2769
child; 2770
(4) Until an indictment or information is obtained, if the 2771
original complaint does not request a serious youthful offender 2772
dispositional sentence, filing with the juvenile court a written 2773
notice of intent to seek a serious youthful offender 2774
dispositional sentence within twenty days after the later of the 2775
following, unless the time is extended by the juvenile court for 2776
good cause shown: 2777
(a) The date of the child's first juvenile court hearing 2778
regarding the complaint; 2779
(b) The date the juvenile court determines not to transfer 2780
the case under section 2152.12 of the Revised Code. 2781

S. B. No. 133 As Introduced

	After a written notice is filed under division (A)(4） of			2782
	section, the juvenile court shall serve a copy of the			2783
		ce on the child and advise the child of the prosecuting			2784
		rney's intent to seek a serious youthful offender			2785
		ositional sentence in the case.			2786
					2787
		iou io o u (a)			2788
		ged by information as described in division (A)(l） or (2） of			2789
		section and if a notice or complaint as described in			2790
		sion (A)(3）or(4） of this section indicates that the			2791
					2792
nder dispositional sentence in the case, the juvenile court l hold a preliminary hearing to determine if there is					2793
able cause that the child committed the act charged and is					2794
		ge eligible for, or required to receive, a serious youthful			2795
nder dispositional sentence.					2796
(C)(l） A child for whom a serious youthful offender					2797
					2798
		right to a grand jury determination of probable cause that			2799
		child committed the act charged and that the child is			2800
		ible by age for a serious youthful offender dispositional			2801
		ence. The grand jury may be impaneled by the court of common			2802
S or the juvenile court.					2803
		g			2804
		nile court determines that the child is eligible for a			2805
		ous youthful offender dispositional sentence, the child is			2806
		tled to an open and speedy trial by jury in juvenile court			2807
		to be provided with a transcript of the proceedings. The			2808
					2809
		within which the trial is to be held under Title XXIX of
					2810
pplicable:					2811

S. B. No. 133 As Introduced

(a) If the child is indicted or charged by information, on the date of the filing of the indictment or information.

(b) If the child is charged by an original complaint that requests a serious youthful offender dispositional sentence, on the date of the filing of the complaint.

(c) If the child is not charged by an original complaint that requests a serious youthful offender dispositional sentence, on the date that the prosecuting attorney files the written notice of intent to seek a serious youthful offender dispositional sentence.

2812
2813
2814
2815
2816
2817
2818
2819
2820
2821
2822
2823
2824
2825
2826
2827
2828
2829
2830
2831
2832
2833
2834
2835
2836
2837
2838
2839
2840

(2) If the child is detained awaiting adjudication, upon indictment or being charged by information, the child has the same right to bail as an adult charged with the offense the alleged delinquent act would be if committed by an adult. Except as provided in division (D) of section 2152.14 of the Revised Code, all provisions of Title XXIX of the Revised Code and the Criminal Rules shall apply in the case and to the child. The juvenile court shall afford the child all rights afforded a person who is prosecuted for committing a crime including the right to counsel and the right to raise the issue of competency. The child may not waive the right to counsel.

(D)(1) If a child is adjudicated a delinquent child for committing an act under circumstances that require the juvenile court to impose upon the child a serious youthful offender dispositional sentence under section 2152.11 of the Revised Code, all of the following apply:

(a) The juvenile court shall impose upon the child a sentence available for the violation, as if the child were an adult, under Chapter 2929. of the Revised Code, except that the

S. B. No. 133 As Introduced

juvenile court shall not impose on the child a sentence of death orlife imprisonment without parole.

2842

(b） The juvenile court also shall impose upon the child 2843 one or more traditional juvenile dispositions under sections 2844

2152.16, 2152.19, and 2152.20, and, if applicable, section 2845

2152.17 of the Revised Code. 2846

(c） The juvenile court shall stay the adult portion of the 2847

serious youthful offender dispositional sentence pending the 2848

2849

imposed. 2850

(2)(a) If a child is adjudicated a delinquent child for 2851 committing an act under circumstances that allow, but do not 2852

require, the juvenile court to impose on the child a serious 2853

youthful offender dispositional sentence under section 2152.11 2854

of the Revised Code, all of the following apply: 2855

(i） If the juvenile court on the record makes a finding 2856 that, given the nature and circumstances of the violation and 2857

the history of the child, the length of time, level of security, 2858

2859

2860

a reasonable expectation that the purposes set forth in section 2861

2862

impose upon the child a sentence available for the violation, as 2863

if the child were an adult, under Chapter 2929. of the Revised 2864

Code, except that the juvenile court shall not impose on the 2865

child a sentence of death or life imprisonment without parole. 2866

(ii） If a sentence is imposed under division (D)(2)(a)(i) 2867

of this section, the juvenile court also shall impose upon the 2868

S. B. No. 133 As Introduced

troduced
cions 2152.16, 2152.19, and 2152.20 and, if applicable,		2870
ion 2152.17 of the Revised Code.		2871
	(iii） The juvenile court shall stay the adult portion of	2872
	serious youthful offender dispositional sentence pending the	2873
	cessful completion of the traditional juvenile dispositions	2874
sed.		2875
		2876
	(b） If the juvenile court does not find that a sentence	2877
	ld be imposed under division (D)(2）(a）(i）of this section,	2878
	oositions under sections 2152.16, 2152.19, 2152.20, and, if	2879
	icable, section 2152.17 of the Revised Code.	2880
		2881
	(3） A child upon whom a serious youthful offender	2882
	)() os u d ot o	2883
	(4）， or (5）of section 2953.08 of the Revised Code the	2884
	t portion of the serious youthful offender dispositional	2885
	ence when any of those divisions apply. The child may appeal	2886
	adult portion, and the court shall consider the appeal as if	2887
adult portion were not stayed.		2888
	Sec. 2152.67. Any adult who is arrested or charged under	2889
		2890
	demand a trial by jury， or the juvenile judge upon the	2891
	ge's own motion may call a jury. A demand for a jury trial	2892
	l be made in writing in not less than three days before the	2893
		2894
	ained, whichever is later. Sections 2945.17 and 2945.23 to	2895
5.36 of the Revised Code, relating to the drawing and		2896
	ineling of jurors in criminal cases in the court of common	2897
	asother than in capital cases, shall apply to a jury trial	2898
		2899

S. B. No. 133 As Introduced

	clerk and sheriff shall be taxed and paid in the same manner as		2900
	in criminal cases in the court of common pleas.		2901
	Sec.2301.20. All civil and criminal actions in the court		2902
	of common pleas shall be recorded. The reporter shall take		2903
	accurate notes of or electronically record the oral testimony.		2904
		The notes and electronic records shall be filed in the office of	2905
		the official reporter and carefully preserved for either of the	2906
	following periods of time:		2907
		(A) If the action is not a eapital case_in which a	2908
		sentence of life imprisonment has been imposed or a case in	2909
		which, prior to the effective date of this amendment, a sentence	2910
		of death was imposed, the notes and electronic records shall be	2911
			2912
		common pleas, which period of time shall not be longer than the	2913
		period of time that the other records of the particular action	2914
	are required to be kept.		2915
	(B) If the action is a eapital caser_in which a sentence		2916
	of life imprisonment has been imposed or a case in which, prior		2917
	to the effective date of this amendment, a sentence of death has		2918
	been imposed the notes and electronic records shall be preserved		2919
	for the longer of ten years or until the final disposition of		2920
	the action and exhaustion of all appeals.		2921
	Sec. 2307.60. (A)(1） Anyone injured in person or property		2922
	o 'u sb g oo u 'su oe u a		2923
			2924
	costs of maintaining the civil action and attorney's fees if		2925
	authorized by any provision of the Rules of Civil Procedure or		2926
			2927
		this state, and may recover punitive or exemplary damages if	2928
			2929

S. B. No. 133 As Introduced

Code.

(2） A final judgment of a trial court that has not been 2931

reversed on appeal or otherwise set aside, nullified, or 2932

vacated, entered after a trial or upon a plea of guilty, but not 2933

2934

jurisdiction， that adjudges an offender guilty of an offense of 2935

violence punishable by death or imprisonment in excess of one 2936

year, when entered as evidence in any subsequent civil 2937

proceeding based on the criminal act, shall preclude the 2938

offender from denying in the subsequent civil proceeding any 2939

fact essential to sustaining that judgment, unless the offender 2940

can demonstrate that extraordinary circumstances prevented the 2941

2942

issue in the criminal proceeding or other extraordinary 2943

2944

relitigate the issue. The offender may introduce evidence of the 2945

2946

court, if applicable， and the court may consider that evidence 2947

in determining the liability of the offender. 2948

(B)(l） As used in division (B) of this section: 2949

() 2950

injury, death, or loss to person or property other than a civil 2951

action for damages for a breach of contract or another agreement 2952

between persons. "Tort action" includes, but is not limited to, 2953

a product liability claim, as defined in section 2307.71 of the 2954

Revised Code, and an asbestos claim, as defined in section 2955

2307.9l of the Revised Code, an action for wrongful death under 2956

Chapter 2125. of the Revised Code, and an action based on 2957

derivative claims for relief. 2958

S. B. No. 133 As Introduced

uced
Revised Code.	2960
2） Recovery on a claim for relief in a tort action is		2961
	to any person or the person's legal representative if any	2962
following apply:		2963
		2964
	elony, or to a misdemeanor that is an offense of violence,	2965
	out of criminal conduct that was a proximate cause of	2966
	ury or loss for which relief is claimed in the tort	2967
		2968
		2969
	b） The person engaged in conduct that, if prosecuted,	2970
	onstitute a felony， a misdemeanor that is an offense of	2971
	ce，an attempt to commit a felony，or an attempt to commit	2972
	emeanor that is an offense of violence and that conduct	2973
	roximate cause of the injury or loss for which relief is l in the tort action, regardless of whether the person has	2974
		2975
	nvicted of or pleaded guilty to or has been charged with ing the felony, the misdemeanor, or the attempt to commit	2976
ony or misdemeanor.		2977
		2978
	c） The person suffered the injury or loss for which is claimed in the tort action as a proximate result of	2979
	tim of conduct that, if prosecuted， would constitute a	2980
		2981
	a misdemeanor that is an offense of violence， an attempt it a felony， or an attempt to commit a misdemeanor that	2982
	ffense of violence acting against the person in self-	2983
	， defense of another， or defense of the victim's	2984
	ice, regardless of whether the person has been convicted	2985
		2986
	the misdemeanor， or the attempt to commit the felony or	2987
	eanor.Division (B)(2)(c） of this section does not apply	2988
	person who suffered the injury or loss, at the time of	2989

S. B. No. 133 As Introduced

the victim's act of self-defense, defense of another, or defense 299
of residence, was an innocent bystander who had no connection 299
with the underlying conduct that prompted the victim's exercise 299
of self-defense, defense of another, or defense of residence. 299

(3) Recovery against a victim of conduct that, if prosecuted, would constitute a felony, a misdemeanor that is an offense of violence, an attempt to commit a felony, or an attempt to commit a misdemeanor that is an offense of violence, on a claim for relief in a tort action is barred to any person or the person's legal representative if conduct the person engaged in against that victim was a proximate cause of the injury or loss for which relief is claimed in the tort action and that conduct, if prosecuted, would constitute a felony, a misdemeanor that is an offense of violence, an attempt to commit a felony, or an attempt to commit a misdemeanor that is an offense of violence, regardless of whether the person has been convicted of or pleaded guilty to or has been charged with committing the felony, the misdemeanor, or the attempt to commit the felony or misdemeanor.

(4) Divisions (B)(1) to (3) of this section do not apply to civil claims based upon alleged intentionally tortious conduct, alleged violations of the United States Constitution, or alleged violations of statutes of the United States pertaining to civil rights. For purposes of division (B)(4) of this section, a person's act of self-defense, defense of another, or defense of the person's residence does not constitute intentionally tortious conduct.

Sec. 2317.02. The following persons shall not testify in certain respects:

(A)(1) An attorney, concerning a communication made to the

S. B. No. 133 As Introduced

ey by a client in that relation or concerning the	3020
ey's advice to a client, except that the attorney may	3021
by express consent of the client or, if the client is	3022
ed, by the express consent of the surviving spouse or the	3023
or or administrator of the estate of the deceased client.	3024
c， if the client voluntarily reveals the substance of	3025
ey-client communications in a nonprivileged context or is	3026
by section 2151.421 of the Revised Code to have waived	3027
stimonial privilege under this division, the attorney may	3028
Delled to testify on the same subject.	3029
che testimonial privilege established under this division	3030
ot apply concerning either of the following:	3031
a)A communication between a elient in a capital case, as	3032
in section 2901.02 of the Revised Code, and the elient's	3033
ey if the communication is relevant to a subsequent	3034
ctive assistance of counsel elaim by the client alleging	3035
le attorney did not effectively represent the elient in-	3036
ser	3037
b)A-a communication between a client who has since died	3038
e deceased client's attorney if the communication is	3039
	3040
ed client, regardless of whether the claims are by testate	3041
estate succession or by inter vivos transaction, and the	3042
e addresses the competency of the deceased client when the	3043
ed client executed a document that is the basis of the	3044
e or whether the deceased client was a victim of fraud,	3045
.nfluence， or duress when the deceased client executed a	3046
nt that is the basis of the dispute.	3047
2） An attorney, concerning a communication made to the	3048
ey by a client in that relationship or the attorney's	3049

S. B. No. 133 As Introduced

advice to a client, except that if the client is an insurance company, the attorney may be compelled to testify, subject to an in camera inspection by a court, about communications made by the client to the attorney or by the attorney to the client that are related to the attorney's aiding or furthering an ongoing or future commission of bad faith by the client, if the party seeking disclosure of the communications has made a prima-facie showing of bad faith, fraud, or criminal misconduct by the client.

(B)(1) A physician, advanced practice registered nurse, or dentist concerning a communication made to the physician, advanced practice registered nurse, or dentist by a patient in that relation or the advice of a physician, advanced practice registered nurse, or dentist given to a patient, except as otherwise provided in this division, division (B)(2), and division (B)(3) of this section, and except that, if the patient is deemed by section 2151.421 of the Revised Code to have waived any testimonial privilege under this division, the physician or advanced practice registered nurse may be compelled to testify on the same subject.

The testimonial privilege established under this division does not apply, and a physician, advanced practice registered nurse, or dentist may testify or may be compelled to testify, in any of the following circumstances:

(a) In any civil action, in accordance with the discovery 3074
provisions of the Rules of Civil Procedure in connection with a 3075
civil action, or in connection with a claim under Chapter 4123. 3076
of the Revised Code, under any of the following circumstances: 3077
(i) If the patient or the guardian or other legal 3078
representative of the patient gives express consent; 3079

S. B. No. 133 As Introduced

		3080
c the executor or administrator of the patient's estate gives		3081
		3082
(iii） If a medical claim, dental claim, chiropractic		3083
laim, or optometric claim, as defined in section 2305.113 of		3084
ne Revised Code, an action for wrongful death, any other type		3085
civil action， or a claim under Chapter 4l23. of the Revised		3086
		3087
	ode is filed by the patient, the personal representative of the	3088
cher legal representative.	state of the patient if deceased， or the patient's guardian or	3089
	(b） In any civil action concerning court-ordered treatment	3090
	services received by a patient, if the court-ordered	3091
		3092
	ournalized under section 2i51.412 of the Revised Code or the	3093 3094
	ourt-ordered treatment or services are necessary or relevant to	3095
	ependency， neglect, or abuse or temporary or permanent custody coceedings under Chapter 2151. of the Revised Code.	3096
	(c） In any criminal action concerning any test or the	3097
oncentration of alcohol， a drug of abuse, a combination of	esults of any test that determines the presence or	3098 3099
		3100
	nem, a controlled substance, or a metabolite of a controlled
	ibstance in the patient's whole blood, blood serum or plasma,	3101
ne criminal offense in question.	ceath, urine, or other bodily substance at any time relevant to	3102
		3103
	(d) In any criminal action against a physician, advanced	3104
	cactice registered nurse, or dentist. In such an action, the	3105
	estimonial privilege established under this division does not	3106
	cohibit the admission into evidence， in accordance with the	3107
	iles of Evidence, of a patient's medical or dental records or	3108
	cher communications between a patient and the physician,	3109

S. B. No. 133 As Introduced

advanced practice registered nurse, or dentist that are related to the action and obtained by subpoena, search warrant, or other lawful means. A court that permits or compels a physician, advanced practice registered nurse, or dentist to testify in such an action or permits the introduction into evidence of patient records or other communications in such an action shall require that appropriate measures be taken to ensure that the confidentiality of any patient named or otherwise identified in the records is maintained. Measures to ensure confidentiality that may be taken by the court include sealing its records or deleting specific information from its records.

3110
3111
3112
3113
3114
3115
3116
3117
3118
3119
3120
3121
3122
3123
3124
3125
3126
3127
3128
3129
3130
3131
3132
3133
3134
3135
3136
3137
3138
3139
3140

(e)(i) If the communication was between a patient who has since died and the deceased patient's physician, advanced practice registered nurse, or dentist, the communication is relevant to a dispute between parties who claim through that deceased patient, regardless of whether the claims are by testate or intestate succession or by inter vivos transaction, and the dispute addresses the competency of the deceased patient when the deceased patient executed a document that is the basis of the dispute or whether the deceased patient was a victim of fraud, undue influence, or duress when the deceased patient executed a document that is the basis of the dispute.

(ii) If neither the spouse of a patient nor the executor or administrator of that patient's estate gives consent under division (B)(1)(a)(ii) of this section, testimony or the disclosure of the patient's medical records by a physician, advanced practice registered nurse, dentist, or other health care provider under division (B)(1)(e)(i) of this section is a permitted use or disclosure of protected health information, as defined in 45 C.F.R. 160.103, and an authorization or opportunity to be heard shall not be required.

S. B. No. 133 As Introduced

	(iii）Division (B)(l）(e)(i）of this section does not
		3142
	notes， as defined in 45 C.F.R. 164.501.	3143
	(iv) An interested person who objects to testimony or	3144
		3145
	a protective order pursuant to Civil Rule 26.	3146
	(v） A person to whom protected health information is	3147
	disclosed under division (B)(l)(e)(i） of this section shall not	3148
	use or disclose the protected health information for any purpose	3149
		3150
	information was requested and shall return the protected health	3151
	information to the covered entity or destroy the protected	3152
	health information, including all copies made, at the conclusion	3153
of the litigation or proceeding.		3154
	(2)(a) If any law enforcement officer submits a written statement to a health care provider that states that an official	3155 3156
	criminal investigation has begun regarding a specified person or	3157
		3158
	a specified person, that requests the provider to supply to the	3159
	officer copies of any records the provider possesses that	3160
	pertain to any test or the results of any test administered to	3161
		3162
	of alcohol, a drug of abuse， a combination of them, a controlled	3163
	substance, or a metabolite of a controlled substance in the	3164
	person's whole blood, blood serum or plasma, breath, or urine at	3165
	any time relevant to the criminal offense in question, and that	3166
	conforms to section 2317.022 of the Revised Code, the provider,	3167
	state or of the United States, shall supply to the officer a	3168 3169
	copy of any of the requested records the provider possesses. If	3170

S. B. No. 133 As Introduced

the health care provider does not possess any of the requested 3171
records, the provider shall give the officer a written statement 3172
that indicates that the provider does not possess any of the 3173
requested records. 3174

(b) If a health care provider possesses any records of the type described in division (B)(2)(a) of this section regarding the person in question at any time relevant to the criminal offense in question, in lieu of personally testifying as to the results of the test in question, the custodian of the records may submit a certified copy of the records, and, upon its submission, the certified copy is qualified as authentic evidence and may be admitted as evidence in accordance with the Rules of Evidence. Division (A) of section 2317.422 of the Revised Code does not apply to any certified copy of records submitted in accordance with this division. Nothing in this division shall be construed to limit the right of any party to call as a witness the person who administered the test to which the records pertain, the person under whose supervision the test was administered, the custodian of the records, the person who made the records, or the person under whose supervision the records were made.

(3)(a) If the testimonial privilege described in division (B)(1) of this section does not apply as provided in division (B)(1)(a)(iii) of this section, a physician, advanced practice registered nurse, or dentist may be compelled to testify or to submit to discovery under the Rules of Civil Procedure only as to a communication made to the physician, advanced practice registered nurse, or dentist by the patient in question in that relation, or the advice of the physician, advanced practice registered nurse, or dentist given to the patient in question, that related causally or historically to physical or mental

S. B. No. 133 As Introduced

injuries that are relevant to issues in the medical claim, 3202
dental claim, chiropractic claim, or optometric claim, action 3203
for wrongful death, other civil action, or claim under Chapter 3204
4123. of the Revised Code. 3205

(b) If the testimonial privilege described in division (B) (1) of this section does not apply to a physician, advanced practice registered nurse, or dentist as provided in division (B)(1)(c) of this section, the physician, advanced practice registered nurse, or dentist, in lieu of personally testifying as to the results of the test in question, may submit a certified copy of those results, and, upon its submission, the certified copy is qualified as authentic evidence and may be admitted as evidence in accordance with the Rules of Evidence. Division (A) of section 2317.422 of the Revised Code does not apply to any certified copy of results submitted in accordance with this division. Nothing in this division shall be construed to limit the right of any party to call as a witness the person who administered the test in question, the person under whose supervision the test was administered, the custodian of the results of the test, the person who compiled the results, or the person under whose supervision the results were compiled.

3206
3207
3208
3209
3210
3211
3212
3213
3214
3215
3216
3217
3218
3219
3220
3221
3222
3223
3224
3225
3226
3227
3228
3229
3230
3231

(4) The testimonial privilege described in division (B)(1) of this section is not waived when a communication is made by a physician or advanced practice registered nurse to a pharmacist or when there is communication between a patient and a pharmacist in furtherance of the physician-patient or advanced practice registered nurse-patient relation.

(5)(a) As used in divisions (B)(1) to (4) of this section, "communication" means acquiring, recording, or transmitting any information, in any manner, concerning any facts, opinions, or

S. B. No. 133 As Introduced

statements necessary to enable a physician, advanced practice 3232
registered nurse, or dentist to diagnose, treat, prescribe, or 3233
act for a patient. A "communication" may include, but is not 3234
limited to, any medical or dental, office, or hospital 3235
communication such as a record, chart, letter, memorandum, 3236
laboratory test and results, x-ray, photograph, financial 3237
statement, diagnosis, or prognosis. 3238

(b) As used in division (B)(2) of this section, "health care provider" means a hospital, ambulatory care facility, longterm care facility, pharmacy, emergency facility, or health care practitioner.

(c) As used in division (B)(5)(b) of this section:

(i) "Ambulatory care facility" means a facility that provides medical, diagnostic, or surgical treatment to patients who do not require hospitalization, including a dialysis center, ambulatory surgical facility, cardiac catheterization facility, diagnostic imaging center, extracorporeal shock wave lithotripsy center, home health agency, inpatient hospice, birthing center, radiation therapy center, emergency facility, and an urgent care center. "Ambulatory health care facility" does not include the private office of a physician, advanced practice registered nurse, or dentist, whether the office is for an individual or group practice.

3239
3240
3241
3242
3243
3244
3245
3246
3247
3248
3249
3250
3251
3252
3253
3254
3255
3256
3257
3258
3259
3260

(ii) "Emergency facility" means a hospital emergency department or any other facility that provides emergency medical services.

(iii) "Health care practitioner" has the same meaning as in section 4769.01 of the Revised Code.

(iv) "Hospital" has the same meaning as in section 3727.01

S. B. No. 133 As Introduced

of the Revised Code. 3261
(v) "Long-term care facility" means a nursing home, 3262
residential care facility, or home for the aging, as those terms 3263
are defined in section 3721.01 of the Revised Code; a 3264
residential facility licensed under section 5119.34 of the 3265
Revised Code that provides accommodations, supervision, and 3266
personal care services for three to sixteen unrelated adults; a 3267
nursing facility, as defined in section 5165.01 of the Revised 3268
Code; a skilled nursing facility, as defined in section 5165.01 3269
of the Revised Code; and an intermediate care facility for 3270
individuals with intellectual disabilities, as defined in 3271
section 5124.01 of the Revised Code. 3272
(vi) "Pharmacy" has the same meaning as in section 4729.01 3273
of the Revised Code. 3274
(d) As used in divisions (B)(1) and (2) of this section, 3275
"drug of abuse" has the same meaning as in section 4506.01 of 3276
the Revised Code. 3277
(6) Divisions (B)(1), (2), (3), (4), and (5) of this 3278
section apply to doctors of medicine, doctors of osteopathic 3279
medicine, doctors of podiatry, advanced practice registered 3280
nurses, and dentists. 3281
(7) Nothing in divisions (B)(1) to (6) of this section 3282
affects, or shall be construed as affecting, the immunity from 3283
civil liability conferred by section 307.628 of the Revised Code 3284
or the immunity from civil liability conferred by section 3285
2305.33 of the Revised Code upon physicians or advanced practice 3286
registered nurses who report an employee's use of a drug of 3287
abuse, or a condition of an employee other than one involving 3288
the use of a drug of abuse, to the employer of the employee in 3289

S. B. No. 133 As Introduced

	same meaning as in section 4723.01 of the Revised Code.		3293 3294
		(C)(l） A cleric, when the cleric remains accountable to		3295
		the authority of that cleric's church, denomination, or sect,		3296
				3297
		communicated, to the cleric for a religious counseling purpose		3298
		in the cleric's professional character. The cleric may testify		3299
		by express consent of the person making the communication,		3300
		except when the disclosure of the information is in violation of		3301
		a sacred trust and except that, if the person voluntarily		3302
		testifies or is deemed by division (A)(4)(c) of section 2151.421		3303
				3304
		under this division, the cleric may be compelled to testify on		3305
		the same subject except when disclosure of the information is in		3306
violation of a sacred trust.				3307
		(2） As used in division (C) of this section:		3308
		(a） "Cleric" means a member of the clergy, rabbi, priest,		3309
		Christian Science practitioner, or regularly ordained,		3310
		accredited, or licensed minister of an established and legally		3311
		cognizable church, denomination, or sect.		3312
		(b） "Sacred trust" means a confession or confidential		3313
		communication made to a cleric in the cleric's ecclesiastical		3314
				3315
		which the cleric belongs, including, but not limited to, the		3316
		Catholic Church, if both of the following apply:		3317
		(i）The confession or confidential communication was made		3318

S. B. No. 133 As Introduced

directly to the cleric.	3319
(ii） The confession or confidential communication was made	3320
in the manner and context that places the cleric specifically	3321
and strictly under a level of confidentiality that is considered	3322
inviolate by canon law or church doctrine.	3323
(D) Husband or wife, concerning any communication made by
one to the other, or an act done by either in the presence of	3324 3325
the other, during coverture, unless the communication was made,	3326
or act done， in the known presence or hearing of a third person	3327
g
marital relation has ceased to exist;	3328 3329
(E) A person who assigns a claim or interest, concerning
any matter in respect to which the person would not, if a party,	3330 3331
be permitted to testify;	3332
	3333
'	3334
is sold or transferred by an executor, administrator, guardian,	3335
trustee, heir, devisee, or legatee, shall be restricted in the	3336
same manner in any action or proceeding concerning the property	3337
or thing.	3338
(G)(l） A school guidance counselor who holds a valid
educator license from the state board of education as provided	3339
for in section 3319.22 of the Revised Code, a person licensed	3340
	3341
under Chapter 4757. of the Revised Code as a licensed	3342
professional clinical counselor, licensed professional	3343
counselor, social worker, independent social worker, marriage	3344
and family therapist or independent marriage and family	3345
therapist, or registered under Chapter 4757. of the Revised Code	3346
as a social work assistant concerning a confidential	3347

S. B. No. 133 As Introduced

communication received from a client in that relation or the 3348
person's advice to a client unless any of the following applies: 3349
(a) The communication or advice indicates clear and 3350
present danger to the client or other persons. For the purposes 3351
of this division, cases in which there are indications of 3352
present or past child abuse or neglect of the client constitute 3353
a clear and present danger. 3354
(b) The client gives express consent to the testimony. 3355
(c) If the client is deceased, the surviving spouse or the 3356
executor or administrator of the estate of the deceased client 3357
gives express consent. 3358
(d) The client voluntarily testifies, in which case the 3359
school guidance counselor or person licensed or registered under 3360
Chapter 4757. of the Revised Code may be compelled to testify on 3361
the same subject. 3362
(e) The court in camera determines that the information 3363
communicated by the client is not germane to the counselor- 3364
client, marriage and family therapist-client, or social worker- 3365
client relationship. 3366
(f) A court, in an action brought against a school, its 3367
administration, or any of its personnel by the client, rules 3368
after an in-camera inspection that the testimony of the school 3369
guidance counselor is relevant to that action. 3370
(g) The testimony is sought in a civil action and concerns 3371
court-ordered treatment or services received by a patient as 3372
part of a case plan journalized under section 2151.412 of the 3373
Revised Code or the court-ordered treatment or services are 3374
necessary or relevant to dependency, neglect, or abuse or 3375
temporary or permanent custody proceedings under Chapter 2151. 3376

S. B. No. 133 As Introduced

of the Revised Code. 3377

(2) Nothing in division (G)(1) of this section shall 337
relieve a school guidance counselor or a person licensed or 337
registered under Chapter 4757. of the Revised Code from the 338
requirement to report information concerning child abuse or 338
neglect under section 2151.421 of the Revised Code. 338

(H) A mediator acting under a mediation order issued under division (A) of section 3109.052 of the Revised Code or otherwise issued in any proceeding for divorce, dissolution, legal separation, annulment, or the allocation of parental rights and responsibilities for the care of children, in any action or proceeding, other than a criminal, delinquency, child abuse, child neglect, or dependent child action or proceeding, that is brought by or against either parent who takes part in mediation in accordance with the order and that pertains to the mediation process, to any information discussed or presented in the mediation process, to the allocation of parental rights and responsibilities for the care of the parents' children, or to the awarding of parenting time rights in relation to their children;

(I) A communications assistant, acting within the scope of the communication assistant's authority, when providing telecommunications relay service pursuant to section 4931.06 of the Revised Code or Title II of the "Communications Act of 1934," 104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication made through a telecommunications relay service. Nothing in this section shall limit the obligation of a communications assistant to divulge information or testify when mandated by federal law or regulation or pursuant to subpoena in a criminal proceeding.

S. B. No. 133 As Introduced